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Second Regular Session

Sixty-first General Assembly

LLS NO. 98­0074.01 JAG HOUSE BILL 98­1115

STATE OF COLORADO

BY REPRESENTATIVES Saliman, Gotlieb, Owen, Reeser, Tupa, and Zimmerman.

STATE, VETERANS & MILITARY AFFAIRS

A BILL FOR AN ACT

CONCERNING THE REQUIREMENT OF PROVIDING NOTICE OF CERTAIN PROVISIONS OF THE "MOBILE HOME PARK ACT" TO A MOBILE HOME OWNER WHOSE TENANCY IS BEING TERMINATED.

Bill Summary

(Note: This summary applies to this bill as introduced and does not necessarily reflect any amendments that may be subsequently adopted.)

Requires landlords or management of mobile home parks to keep a current copy of the "Mobile Home Park Act" on file for review by any mobile home owner. Requires landlords or management of mobile home parks to provide notice of certain provisions of the "Mobile Home Park Act" to a mobile home owner whose tenancy is being terminated under the "Mobile Home Park Act". Sets forth the contents of the notice.


Be it enacted by the General Assembly of the State of Colorado:

SECTION 1.  38­12­202, Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW SUBSECTION to read:

38­12­202.  Tenancy ­ notice to quit. (3) (a)  THE LANDLORD OR MANAGEMENT OF A MOBILE HOME PARK SHALL KEEP A COPY OF THIS PART 2, AS AMENDED, ON FILE FOR REVIEW BY ANY HOME OWNER OF THE MOBILE HOME PARK. THE LANDLORD OR MANAGEMENT OF A MOBILE HOME PARK SHALL ALSO PROVIDE A HOME OWNER WHOSE TENANCY IS BEING TERMINATED WITH WRITTEN NOTICE OF CERTAIN PROVISIONS OF THIS PART 2. SERVICE OF SUCH NOTICE SHALL OCCUR AT THE SAME TIME AND IN THE SAME MANNER AS SERVICE OF THE NOTICE TO QUIT AS PROVIDED IN SUBSECTION (1) OF THIS SECTION.

(b)  THE NOTICE REQUIRED UNDER THIS SUBSECTION (3) SHALL BE IN AT LEAST TEN­POINT BOLD­FACED TYPE AND SHALL STATE SUBSTANTIALLY AS FOLLOWS:

"IMPORTANT NOTICE TO THE HOME OWNER: THIS NOTICE AND THE ACCOMPANYING NOTICE TO QUIT ARE THE FIRST STEPS IN THE EVICTION PROCESS. ANY DISPUTES YOU MAY HAVE REGARDING THE GROUNDS FOR EVICTION SHOULD BE ADDRESSED WITH YOUR LANDLORD OR THE MANAGEMENT OF THE MOBILE HOME PARK OR IN THE COURTS IF AN EVICTION ACTION IS FILED. THE LANDLORD OR THE MANAGEMENT OF THE MOBILE HOME PARK IS REQUIRED BY LAW TO HAVE A CURRENT COPY OF COLORADO'S "MOBILE HOME PARK ACT", PART 2 OF ARTICLE 12 OF TITLE 38, COLORADO REVISED STATUTES, FOR YOUR USE. IN ADDITION, PLEASE BE ADVISED OF THE FOLLOWING PROVISIONS OF THE "MOBILE HOME PARK ACT", WHICH MAY PROVIDE YOU WITH LEGAL PROTECTION:

NOTICE TO QUIT: THE LANDLORD OR MANAGEMENT OF A MOBILE HOME PARK MUST SERVE A NOTICE TO QUIT IN ORDER TO TERMINATE A HOME OWNER'S TENANCY. THE NOTICE MUST BE IN WRITING AND MUST CONTAIN CERTAIN INFORMATION, INCLUDING:

CURE PERIODS: THE LANDLORD OR MANAGEMENT OF A MOBILE HOME PARK CANNOT TERMINATE A HOME OWNER'S TENANCY WITHOUT FIRST PROVIDING THE HOME OWNER WITH A TIME TO CURE, IF THE HOME OWNER HAS A RIGHT TO CURE UNDER THE "MOBILE HOME PARK ACT". "CURE" REFERS TO A HOME OWNER REMEDYING, FIXING, OR OTHERWISE CORRECTING THE SITUATION OR PROBLEM THAT CAUSED THE TENANCY TO BE TERMINATED. SEE SECTIONS 38­12­202 TO 38­12­204, COLORADO REVISED STATUTES, REGARDING THE NUMBER OF DAYS ALLOWED TO CURE VARIOUS SITUATIONS AND PROBLEMS.

COMMENCEMENT OF LEGAL ACTION TO TERMINATE THE TENANCY: AFTER THE LAST DAY OF THE NOTICE PERIOD, A LEGAL ACTION MAY BE COMMENCED TO TAKE POSSESSION OF THE SPACE LEASED BY THE HOME OWNER. IN ORDER TO EVICT A HOME OWNER, A LANDLORD OR MANAGEMENT OF THE MOBILE HOME PARK MUST PROVE:

IN ORDER TO DEFEND AGAINST AN EVICTION ACTION, A HOME OWNER MUST APPEAR IN COURT. IF THE COURT RULES IN FAVOR OF THE LANDLORD OR MANAGEMENT OF THE MOBILE HOME PARK, THE HOME OWNER WILL HAVE AT LEAST 48 HOURS FROM THE TIME OF THE RULING TO REMOVE THE MOBILE HOME AND TO VACATE THE PREMISES.".

SECTION 2.  Effective date ­ applicability.  This act shall take effect on January 1, 1999, and shall apply to terminations of mobile home park tenancies commenced on or after said date.