JDF 146 6 - 19 Notice to Mobile Homeowner Page 1 of 1 IMPORTANT NOTICE TO THE HOMEOWNER - 247 38 - 12 - 204.3 This notice and the accompanying notice to quit/notice of nonpayment of rent are the first steps in the eviction process. Any dispute you may have regarding the grounds for eviction should be addre ssed wit h your landlord or the management of the mobile home park or in the courts if an eviction action is filed. Please be advised that the "Mobile Home Park Act", part 2 of article 12 of title 38 , Colorado Revised Statutes, may provide you with legal pr otection : NOTICE TO QUIT : The landlord or management of a mobile home park must serve to a homeowner a notice to quit in order to terminate a tenancy. The notice must be in writing and must contain certain information, including: The gr ounds for the termination of the tenancy; Whether or not the homeowner has a right to cure under the "Mobile Home Park Act"; and That the homeowner has the option of mediation pursuant to section 38 - 12 - 216 , Colorado Revised Statutes, of the "Mobile Home P ar k Act". NOTI CE OF NONPAYMENT OF RENT : The landlord or management of a mobile home park must serve to a homeowner a notice of nonpayment of rent in order to terminate a tenancy. The notice must be in writing and must require that the ho me own er either mak e payment of rent and any applicable fees due and owing or remove the owner's unit from the premises, within a period of not less than ten days after the date the notice is served or posted, for failure to pay rent when due. CURE PE RIODS : If the homeowner has a right to cure under the "Mobile Home Park Act", 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 period to cure the noncompliance. "Cu re" refers to a homeowner remedying, fixing, or otherwise correcting the situation or problem that caused the tenancy to be terminated pursuant to sections 38 - 12 - 202 , 38 - 12 - 203 , or 38 - 12 - 204, Colorado Revised Statutes. COMMENCEMENT OF LEGAL ACTION TO TERMINATE THE TENANCY : Aft er the last day of the notice period, a legal action may be commenced to take possession of the space leased by the homeowner . In order to evict a homeowner , the landlord or management of the mobile home park must prove: The l andlord or mana gement compli ed with the notice requirements of the "Mobile Home Park Act"; The landlord or management provided the homeowner with a statement of reasons for termination of the tenancy; and The reasons for termination of the tenancy are t rue and valid und er the "Mobil e Home Park Act". A homeowner must appear in court to defend against an eviction action. If the court rules in favor of the landlord or management of the mobile home park, the homeowner has not less than thirty days from th e time of the ruling to either remove or sell the mobile home and to vacate the premises. I f the home owner wishes to extend such period beyond thirty days but not more than sixty days from the date of the ruling, the home owner shall prepay to the landlord an a mount equal to a pro rata share of rent for each day following the expiration of the initial thirty - day period after the court's ruling that the mobile home owner wil l remain on t he premises. All prepayments shall be paid no later than thirty days after the court ruling. This section does not preclude earlier removal by law enforcemen t officer s of a mobile home or one or more m o bile homeowners or occu pants from the mobil e home par k if a mobile home owner violat es arti cle 3, 4, 6, 7, 9 , 10, 12 or 18 of Title 18 or Section 16 - 13 - 303. American LegalNet, Inc. www.FormsWorkFlow.com