(1) (a) No tenancy or other lease or rental occupancy of space in a mobile home park shall commence without a written lease or rental agreement, and no tenancy in a mobile home park shall be terminated until a notice to quit has been served. Said notice to quit shall be in writing and in the form specified in section 13-40-107 (2), C.R.S. 1973. The property description required in section 13-40-107 (2), C.R.S. 1973, shall be deemed legally sufficient if it states:
(I) The name of the landlord or the mobile home park;
(II) The mailing address of the property;
(III) The location or space number upon which the mobile home is situate; and
(IV) The county in which the mobile home is situate.
(b) Service of the notice to quit shall be as specified in section 13-40-108, C.R.S. 1973. Service by posting shall be deemed legally sufficient within the meaning of section 13-40-108, C.R.S. 1973, if the notice is affixed to the main entrance of the mobile home.
(c) (I) Except as otherwise provided in subparagraph (II) of this paragraph (c), the home owner shall be given a period of not less than thirty days, to be extended to not less than sixty days where the home owner must remove a multisection mobile home, to remove any mobile home from the premises from the date the notice is served or posted. In those situations where a multisection mobile home is being leased to, or occupied by, persons other than its owner and in a manner contrary to the rules and regulations of the landlord, then, in that event, the tenancy may be terminated by the landlord upon giving a thirty-day notice rather than said sixty-day notice.
(II) If the tenancy is terminated on grounds specified in section 38-12-203(1)(f), the home owner shall be given a period of not less than ten days, to be extended to not less than fifteen days where the home owner must remove a multisection mobile home, to remove any mobile home from the premises from the date the notice is served or posted.
(d) No lease shall contain any provision by which the home owner waives his rights under this part 2, and any such waiver shall be deemed contrary to public policy and shall be unenforceable and void. However, any lease may provide that the tenancy may be terminated on the landlord's notice in writing to the home owner, in such prescribed manner, to remove the home owner's unit from the premises within a period of not less than thirty days, to be extended to not less than sixty days where the home owner must remove a multisection mobile home, from the date the notice is served or posted. In those situations where a multisection mobile home is being leased to, or occupied by, persons other than its owner and in a manner contrary to the rules and regulations of the landlord, then, in that event, the tenancy may be terminated by the landlord upon giving a thirty-day notice rather than said sixty-day notice.
(2) The landlord or management of a mobile home park shall specify, in the notice required by this section, the reason for the termination of any tenancy in such mobile home park.
ANNOTATIONS, INCLUDING SOURCES AND COURT CASES RELATED TO THIS SECTION
Source: L. 87: (1)(c) and (1)(d) amended, p. 1311, 3, effective May 8. L. 94: (1)(c) amended, p. 703, 1, effective April 19.
Cross reference. As to the form specified for notice to terminate a tenancy, see 13-40-107(2).
C.J.S. See 51C C.J.S., Landlord and Tenant, 89(3), 89(4).
Applied in Hurricane v. Kanover, Ltd., 651 P.2d 1218 (Colo. 1982).