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Attorney & Mediator
Attorney & Mediator, Lawyer
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Is there a difference in RV park laws and mobile home park

Resolved Question:

Is there a difference in RV park laws and mobile home park laws?
Submitted: 4 years ago.
Category: Legal
Expert:  Attorney & Mediator replied 4 years ago.
Depends on the each state's particular law. What state are you asking about, please?


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Please Note: My answer is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, doing research on your question, called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

Customer: replied 4 years ago.
I advertised my RV for sale on Craigslist, found a prospective buyer, but they were told that my space is not available. Last year the owner gave me his word that a buyer could have my space, but a friend of his wants my space now. I was told that I will have to pull my RV out. This summer, across the road from me, an RV sold and the buyer got to keep the same space. I found 8 previous sales where the buyer got to keep the space. I am a 78-year old widow. Is this discrimination against me?
Customer: replied 4 years ago.
I am inquiring about Colorado laws
Expert:  Attorney & Mediator replied 4 years ago.
Can you tell me if there is an existing lease for the space?

Thanks
Customer: replied 4 years ago.
I pay my rent by the year, payable May 1st, 2010. I have been there 11 summers, and can stay as long as I pay my rent.
Expert:  Attorney & Mediator replied 4 years ago.
So there is a written lease, guaranting you the space, is that correct?

Can you tell me why the landlord no longer wants to give you the space? Please tell me what they told you?

Thanks
Customer: replied 4 years ago.
The owner picks & chooses who gets to keep a space. Last year he gave me his word that a buyer could keep my space, but has changed his mind because a friend wants my space.
Customer: replied 4 years ago.
I have built a rustic porch beside my RV, and made my lot very attractive, so now other people want my lot. I will suffer loss if I have to pull my RV out & sell on open market without the space. The owner gave me no reason, just said I will have to pull it out.
Expert:  Attorney & Mediator replied 4 years ago.
Thank you for your reply.

This is not a discrimination case because your age is not the basis for the dispute.

Under the Colorado Mobile Home Act, the law provides that the written lease agreement, local ordinance and rules and regulations of the park control the rights of the parties. According to the statute the lease can be terminated if the tenant has violated any of the laws or any agreements. If you have not violated any of such laws, then the landlord should comply with what he has promised. If he is not complying then he is breaching the terms of the agreement, even if verbal Your recourse would be to sue for the breach. However verbal agreements are difficult to prove unless you had a witness to confirm the terms, since the landlord could lie.

The following are the basis for termination of the agreement in Colorado:

Quoting:

38-12-203. Reasons for termination.








(1) A tenancy shall be terminated pursuant to this part 2 only for one or more of the following reasons:









(a) Failure of the home owner to comply with local ordinances and state laws and regulations relating to mobile homes and mobile home lots;









(b) Conduct of the home owner, on the mobile home park premises, which constitutes an annoyance to other home owners or interference with park management;









(c) Failure of the home owner to comply with written rules and regulations of the mobile home park either established by the management in the rental agreement at the inception of the tenancy, amended subsequently thereto with the consent of the home owner, or amended subsequently thereto without the consent of the home owner on sixty days' written notice if the amended rules and regulations are reasonable; except that the home owner shall have thirty days from the date of service or posting of the notice to quit set forth in section 38-12-202 (2) to cure any noncompliance on the mobile home or mobile home lot before an action for termination may be commenced, except if local ordinances, state laws and regulations, park rules and regulations, or emergency, health, or safety situations require immediate compliance. If a home owner was in violation or noncompliance pursuant to this paragraph (c) and was given notice and a right to cure such noncompliance and within a twelve-month period from the date of service of the notice is in noncompliance of the same rule or regulation and is given notice of the second noncompliance, there shall be no right to cure the second noncompliance. Regulations applicable to recreational facilities may be amended at the discretion of the management. For purposes of this paragraph (c), when the mobile home is owned by a person other than the owner of the mobile home park, the mobile home is a separate unit of ownership, and regulations which are adopted subsequent to the unit location in the park without the consent of the home owner and which place restrictions or requirements on that separate unit are prima facie unreasonable. Nothing in this paragraph (c) shall prohibit a mobile home park owner from requiring compliance with current park unit regulations at the time of sale or transfer of the mobile home to a new owner. Transfer under this paragraph (c) shall not include transfer to a co-owner pursuant to death or divorce or to a new co-owner pursuant to marriage.









(d) (I) Condemnation or change of use of the mobile home park. When the owner of a mobile home park is formally notified by an appropriate governmental agency that his mobile home park is the subject of a condemnation proceeding, the landlord shall, within seventeen days, notify his home owners in writing of the terms of the condemnation notice which he receives.









(II) In those cases where the zoning law allows the landlord to change the use of his land without obtaining the consent of the zoning authority and where such change of use would result in eviction of inhabited mobile homes, the landlord shall first give the owner of each mobile home subject to such eviction a written notice of his intent to evict not less than six months prior to such change of use of the land, notice to be mailed to each home owner.









(e) The making or causing to be made, with knowledge, of false or misleading statements on an application for tenancy;









(f) Conduct of the home owner or any lessee of the home owner or any guest, agent, invitee, or associate of the home owner or lessee of the home owner, that:









(I) Occurs on the mobile home park premises and unreasonably endangers the life of the landlord, any home owner or lessee of the mobile home park, any person living in the park, or any guest, agent, invitee, or associate of the home owner or lessee of the home owner;









(II) Occurs on the mobile home park premises and constitutes willful, wanton, or malicious damage to or destruction of property of the landlord, any home owner or lessee of the mobile home park, any person living in the park, or any guest, agent, invitee, or associate of the home owner or lessee of the home owner;









(III) Occurs on the mobile home park premises and constitutes a felony prohibited under article 3, 4, 6, 7, 9, 10, 12, or 18 of title 18, C.R.S.; or









(IV) Is the basis for a pending action to declare the mobile home or any of its contents a class 1 public nuisance under section 16-13-303, C.R.S.









(2) In an action pursuant to this part 2, the landlord shall have the burden of proving that the landlord complied with the relevant notice requirements and that the landlord provided the home owner with a statement of reasons for the termination. In addition to any other defenses a home owner may have, it shall be a defense that the landlord's allegations are false or that the reasons for termination are invalid.



38-12-205. Termination prohibited.





A tenancy or other estate at will or lease in a mobile home park may not be terminated solely for the purpose of making the home owner's space in the park available for another mobile home or trailer coach.



So if you are in compliance with all rules and regulations offered by the park, you would have a case against the landlord for violating the statute, verbal agreement or any lease terms which give you permission to offer the space in a sale.




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