Mobile Home Eviction - for Cause
Authored By: Colorado Legal Services
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Frequently Asked Questions and Answers
How can my landlord evict me from my mobile home park? +
In order to evict you from your mobile home park for a reason other than nonpayment of rent, your landlord must serve you with a written 60-day Notice to Quit. If your home is a multi-sectional mobile home, then the notice must also be a written 60-day Notice to Quit.
The other information which must be on this notice is as follows:
- The name of the landlord or the mobile home park.
- The mailing address of the property.
- The location or space number where the mobile home is located.
- The county where the mobile home is situated.
- The date your tenancy is terminated.
- The reason for termination of your tenancy.
What reasons can my landlord give for evicting me from my mobile home? +
Under Colorado law, a landlord or owner can evict a mobile home owner from a rented mobile home park space only for certain reasons. These reasons are as follows:
1. Failure to comply with local and state laws and regulations concerning mobile homes and mobile home lots.
2. Conduct of the homeowner on the mobile home park premises which results in an annoyance to other tenants or interference with park management.
3. Failure of the homeowner to comply with written rules and regulations of the mobile home park.
4. Condemnation or the change of use of the mobile home park by a governmental agency. In this situation, the mobile home park owner must within seventeen (17) days, notify the home owner in writing of the terms of the condemnation notice he receives.
In those cases where the zoning law allows the landlord to change the use of his land without obtaining the consent of the zoning authority, the landlord must mail each mobile home owner written notice, advising the mobile home owner of the landlord's intent to evict not less than six months before the change of use of the land.
5. Making false or misleading statements on an application for tenancy.
6. Conduct of the homeowner, a lessee, a guest, agent, invitee or associate of the homeowner or lessee of the homeowner that:
i. Occurs on the mobile home park premises and unreasonably endangers the life of the landlord, any homeowner or lessee of the mobile home park, any person living in the park or any guest, agent, invitee, or associate of the homeowner or lessee of the homeowner;
ii. Occurs on the mobile home park premises and constitutes willful, wanton or malicious damage to or destruction of property of the landlord, any homeowner, lessee of the mobile home park, any person living in the park or any guest, agent, invitee or associate of the homeowner or lessee of the homeowner;
iii.Occurs on the mobile home park premises and constitutes a felony or is the basis for a pending action to declare the mobile home or its contents a public nuisance.
If the reason for the eviction is the home owner's failure to comply with the written rules and regulations of the mobile home park, the home owner must be given an opportunity for thirty days from the date of the notice to quit, to cure, or remedy, the rule/regulation violation; and the tenant may not be evicted if the violation is cured within the thirty days. However, if the mobile home owner was given a right to cure a violation with the last twelve months, and did cure the violation, but then violates the same rule or regulation within twelve months, the home owner shall not have the right to cure the second noncompliance.
If the reason for termination is a “substantial violation”, the landlord can give a ten-day termination notice and no right to cure is required.
What happens if I don't move my home off the lot within the stated time of the written notice? +
If you do not move your mobile home off the lot within the stated time of the written notice, or cure any violation that you have a the right to cure, your landlord must then file an eviction action against you. You will be served with a Summons and Complaint in the eviction case. The Summons will tell you when you have to appear in court to file an Answer, and the Complaint will state the grounds for the eviction.
On the first court date, you have the opportunity to file a written Answer stating the legal reasons why you should not be evicted. If you do not appear in court on the first court date, you will lose the case and a default judgment will be entered against you. Please be aware that in some counties a trial will be held on the same day that you file a written Answer.
If the judge wants to have a trial on the same day that you file your written Answer and you need more time to prepare for the trial or time to obtain legal representation or need to time to serve subpoenas on persons who would testify on your behalf , you should request a continuance of the trial. The Courts in the Denver Metropolitan area will usually schedule a trial approximately one week after you file a written answer. If you request a delay in the trial date, the Court may require you to pay money into the Court as a condition of granting the delay.
If you choose to file an Answer you must pay a filing fee of $82. Court filing fees can change, so to make sure that is the correct fee click here and on that website choose "New Court Fees as of July 1, 2009". If you do not have the $82, you may request AND receive permission to file without the filing fee. You can request permission on form JDF 205 which you can get online (click here to print and complete JDF 205), or from the Clerk of the County Court. When you file a written Answer, the court will set a trial date, usually five (5) working days after the appearance date stated on the Summons. In order to prevent eviction, you must present a legal defense to the claim of the landlord in your Answer and at trial.
What if I want to assert my rights to stay in my mobile home? +
Some examples of ways to assert your rights to stay in your mobile home are as follows:
1. The landlord's reason(s) as stated in your eviction notice is/are untrue.
2. The landlord did not serve you with a written notice to quit.
3. You were served with a written notice to quit, but it did not contain all the required information on it.
4. You have cured, remedied, fixed or otherwise corrected the problem that your landlord is attempting to evict you for within the applicable time period stated in the termination notice.
5. If your landlord accepted the rent after knowing about an alleged valid reason to evict you, your landlord may have given up his legal right to evict you for that reason.
6. The portion of the lease that your landlord claims you have violated is not a material (very important) provision of the lease.
7. You and your landlord did not sign a written lease when you first moved in or during the time you have lived there.
8. You cannot be evicted if your landlord's only reason to evict you is to make your lot available for another mobile home or trailer. You should put this defense in your Answer if it is true.
What can happen with my case? +
If you convince the Judge that you have a legal defense, the Judge will let you keep your mobile home on your rented space. If the landlord wins the case, the court shall immediately issue a Writ of Restitution, which the landlord may take to the Sheriff. When the Sheriff receives the Writ of Restitution, the Sheriff must serve the mobile home owner with notice of the court's decision and entry of judgment. The notice of judgment shall state that at a specified time, not less than 48 hours from the entry of judgment, the Sheriff will return to serve a Writ of Restitution and supervise the peaceful and orderly removal of the mobile home under court order. The notice of judgment shall advise the home owner to prepare the mobile home for removal from the premises by removing the skirting, disconnecting utilities, attaching tires, and otherwise making the mobile home safe and ready for highway travel.
Some mobile homes are too old to be moved or relocated to another mobile home park. If your mobile home is one of those, you should consider making an agreement wiith the landlord to transfer title to the mobile home to the landlord in exchange for a payment to you, or in exchange for the landlord’s agreement not to pursue you for any money the landlord believes you owe.If the homeowner fails to have the mobile home safe and ready for removal, or if bad weather or other unforeseen problems prevent removal of the mobile home, the landlord and Sheriff may extend the time for removal to allow the landlord to arrange to have the mobile home ready for travel, or to allow removal at a less hazardous time.
If the mobile home is not removed within the time period allowed, the landlord and sheriff have the right to remove possession of the mobile home and put it in storage. If this occurs, the mobile home owner will be liable for all moving costs, storage costs and any money owed to the landlord as ordered by the judge. Alternatively, the landlord may obtain a court order permitting the landlord to leave the mobile home in place, but lock you out of it. If that happens, the landlord must give you access to the mobile home to remove your personal possessions.
The homeowner shall have not less than 48 hours from the time of the ruling to remove the home and vacate the premises. In all other circumstances, if the homeowner wishes to extend such period beyond 48 hours but not more than thirty days from the date of the ruling, the homeowner should prepay the landlord an amount equal to any total amount declared by the court to be due to the landlord, as well as a pro rata share of rent for each day following the court's ruling that the mobile home owner will remain on the premises. All prepayments should be paid by certified check, by cashier's check, or by wire transfer and be paid no later than 48 hours after the court ruling.
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This communication is made available by Colorado Legal Services, Inc., (CLS), as a public service and is issued to inform not to advise. No person should attempt to interpret or apply any law without the assistance of an attorney. The opinions expressed in this communication are those of the authors and not those of CLS or its funding sources.
If you need advice on this or any other legal problem, consult an attorney of your own choosing. If you cannot afford an attorney, talk to Colorado Legal Services, 303.837.1313. If you think you may qualify for Colorado Legal Services, go to applyonlinecls.org to complete your application online.