Information for Mobile Home Park Lot Renters in CO

General Information

The following information affects mobile home parks that contain five or more lots with mobile homes on them. If you are renting both the mobile home AND the lot space, the following information may not apply.

Do I have to pay a security deposit or any other fees to use the lot?

You may be charged a security deposit which is not more than one month's lot rent per mobile home or two month's lot rent for a double wide. There may be no entry fees other than the security deposit, rent, fees charged by government, utilities, or any charges agreed to in writing. C.R.S. § 38-12-209. The landlord must keep the security deposit in a trust account but does not have to pay interest on the deposit.

Will I need to have a written rental agreement?

All mobile home park landlords must have written agreements with their tenants. 

What should be included in the rental agreement?

The rental agreements must include:

  1. The length of the lease and amount of rent
  2. The day the rent is due
  3. The day you are penalized for rent that is due but unpaid
  4. The park rules and regulations
  5. The name and address where the park manager's decisions can be appealed
  6. All charges to the tenant other than rent.

The rental agreements may include other terms and conditions agreed upon by the tenant and landlord as long as Colorado law does not prohibit them. 

Who signs the agreement and who gets copies?

Rental agreements are to be signed by both management and you, the mobile home owner. Both parties should receive a copy. 

What about mobile home park rules?

All mobile home parks must have rules and regulations. After these rules and regulations are established, they can only be changed with the consent of all of the tenants, or with 60 days written notice to all of the tenants. 

How are these rules enforced?

Rules and regulations are only enforceable if: 

  1. Their purpose is to promote the convenience, safety, or welfare of the home owners, protect and preserve the property from abusive use, or helps fairly distribute services and facilities that exist for the use of the homeowners generally
  2. They are reasonably related to the purpose for which they are adopted
  3. They are not meant to punish or discriminate
  4. They are clear enough so that the mobile home owner can understand what he or she must do to obey them. 

What do I need to do when I want to move out?

When you plan to move out, you must give the landlord written notice or you could be responsible for the following month's rent, or even the rent due for the remainder of the term of the lease. Check the rental agreement for what type of notice you are required to give. 

What does the landlord have to do to raise the rent?

Sixty days written notice is required for the landlord to increase rent. The time requirement may be extended in a written lease but may not be shortened. If you have a lease for a set term, the landlord may not be able to raise rent during the lease term. Check the terms of your lease. 

Can I hold meetings with other tenants in the mobile home park?

Meetings of tenants relating to affairs in the mobile home park may be held in park facilities if reserved according to park rules and held at reasonable hours when the area is not in use. Streets and thoroughfares cannot be used for such meeting places. (This is a cite of the law that states the above - C.R.S. § 38-12-206.)

How can I be evicted from a mobile home park?

Click here for more information about being evicted from a mobile home park. The only way a landlord can legally make you leave is by going through formal legal eviction proceedings. The formal legal name for an eviction is called "Forcible Entry and Detainer". A landlord in a mobile home park may not throw you out only because they want to rent the space to someone else.

What are some reasons I could be evicted?

Unlike a normal landlord tenant lease, a month-to-month tenancy when you own your mobile home does not mean that a park owner can terminate a tenancy at any time. if you own your mobile home, the park owner can only terminate your tenancy (or evict) for cause (there must be a reason for the termination). For cause means that you have violated the terms of your lease repeatedly or failed to fix a violation or not paid lot rent and did not fix the problem after proper notice was given to you by the landlord.

The landlord may evict you for the following reasons because you (1) did not pay the rent, or (2) another cause (reason) that is available through the law. To read more about evictions for non-payment of rent, click here. To read more about evictions for cause, click here.

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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.

Updated June 2019

 

 

 

 

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