Colorado law is clear and specific when it comes to just causes for evicting tenants from mobile home parks. There are, however, more than a few unscrupulous mobile home park landlords/owners who try to skirt the law in order to wind up with your mobile home by practicing predatory evictions. In the most common scenario, what they do is levy abrupt increases in rents or utilities – which owners may not be able to pay and so appear to be in violation of contract terms – and then swoop in and try to confiscate the mobile home. So it pays to be familiar with the pertinent laws in order to know how to prevent mobile home park eviction in Denver.
Denver Mobile Home Park Eviction Conditions
First, if you’re wondering how to prevent mobile home park eviction in Denver, ask yourself whether you have actually given the landlord/owner good cause to terminate the rental agreement. Under Colorado law, good cause involves the following:
- Noncompliance with the rental agreement
- Non-payment of rent
- Change in use of land
- Clear and convincing evidence that you have repeatedly violated the Mobile Home Parks Residential Landlord and Tenant Act.
In addition, the landlord has to give you notice with specified periods within which to respond, for example:
- Material noncompliance with rental agreement – Requires written notice specifying problems and stating the rental agreement will terminate in 30 or days if problems are not rectified within 14 days.
- Material noncompliance with rental agreement affecting health and safety – Requires written notice indicating the problems and informing you that agreement will terminate in 20 or more days if you don’t rectify the problems within 10 days.
- Nonpayment of rent – Requires written notice stating that rent is unpaid and that rental agreement will terminate if rent is not paid in seven days.
- Immediate termination – If the rental agreement is broken and the problem is both material and irreparable and requires notice for immediate termination and the landlord can file for eviction on the same day.
But keep in mind that your landlord absolutely must give you a written notice and a chance to rectify the problems and/or pay rent due. Otherwise, the court will dismiss the eviction action.
Denver Mobile Home Park Eviction Process
Your best defense for how to prevent mobile home park eviction in Denver is a little understanding of the process. Your landlord can’t just kick you out on a whim but has to follow a fairly well defined legal process. This process that allows you opportunities to respond to the notice and defend your position comprises the following steps:
- Notice
- Service
- Answer
- PossibleReinstatement
- Defenses
- Trial
- Evidence and testimony
- Judgment
- After judgment
And you do need to be aware that in the case of eviction, you can’t move your mobile home from your park space till you get a signed agreement from the mobile home park. The agreement has to show that you have the park’s clearance for removal and that all monies owed have been paid.
Another Viable Option for How to Prevent Mobile Home Park Eviction in Denver is To Sell Your Mobile Home To a Cash Home Buyer
If eviction seems to be imminent and you can’t afford to relocate your mobile home and you don’t have another viable option consider selling your mobile home to a reputable Denver cash mobile home buyer.
That way, you don’t have to go through the legal hassle of eviction, and you won’t lose your mobile home and all the equity you have in it. Basically, it’s how to prevent mobile home park eviction in Denver while putting cash in your pocket at the same time.