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Mobile Home Evictions

Housing Cases
Housing Cases

Mobile Home Evictions

These standard instructions are for informational purposes only and do not constitute legal advice about your case. If you choose to represent yourself, you are bound by the same rules and procedures as an attorney.

Start an Eviction

About Mobile Home Evictions

  • This process is for a Mobile Home Park to remove a Mobile Homeowner and their trailer from the park.
    • If you are the homeowner evicting a tenant from a mobile home, see the Residential Evictions section.
  • If you file in County Court, the judgment amount (i.e., the money you can receive if you win your case) is limited to $25,000.00.
    • If you are requesting a higher judgment, file in the District Court.
  • For additional information about the law of mobile home evictions, review Colorado Revised Statutes (C.R.S.) § 38-12-201 et seq.
  • If you do not understand this information, you may want to contact an attorney.

1. Notify Homeowner

 

Forms

 

Step-By-Step

Give the Tenant Notice of the Eviction

  1. Fill out the required forms.
  2. Post and/or arrange to serve these Notices on the Tenant. If you decide to post one of these Notices, it must be posted on the main door of the mobile home or a place at the mobile home that is easily seen. Make a copy of the Notice for your records before you post it.
  3. Wait the required period of time. A Tenant has a certain amount of time to comply with your request that they move out of the mobile home space before you can start an Eviction case. To determine how long the Tenant has to comply with your request that they leave, see C.R.S. § 38-12-201 et seq.

Mandatory Mediation

In the following cases, you will need to attend mediation before you can file a case in court:

  • If the Tenant receives Supplemental Security Income, Social Security Disability Insurance, or Cash Assistance through Colorado Works (TANF); and
  • The Landlord has six or more rental units.

Learn more about scheduling mediation.

2. Start an Eviction Case

 

Instructions

 

Forms

 

Paperwork Tips

 

JDF 147 - Eviction Complaint:

  • You are the Plaintiff, and the person(s) you are evicting is/are the Defendant(s). If there is more than one Defendant in the same case, list all of the Defendants on the form.
  • Follow the prompts on the form to answer the questions and fill in the blanks.
  • Attach a copy of the lease (if you have one) to the Complaint form. Write or type "Attachment 1" on the lease. The lease must be served to the Defendant(s) with the Complaint.
  • Attach a copy of one of the following Notices to the Complaint. You should attach a copy of the Notice that you completed and posted when you were telling the renter about the eviction. Write or type "Attachment 2" on the Notice:
    • JDF 139 A - Demand for Compliance (For Nonpayment of Rent) or
    • JDF 139 B - Notice to Terminate Tenancy
  • Make copies of all documents for the court and the Defendant(s); these documents will be attached to the Complaint. You must serve all of these documents on the Defendant(s), along with the Complaint. The Self-Help Service of Process page will give you instructions on how to arrange to serve legal documents.

 

JDF 102 - Eviction Summons

  • Complete Sections A to C.
  • The court clerk will complete the court location, date, and time.

 

JDF 143 - Eviction Answer

  • Complete the upper portion ("caption") on the form. Do not fill out the box labeled "Attorney or Party Without Attorney". This is for the Defendant.
  • Make several copies of the Complaint, Summons, Answer, and exhibits to give to the individual or group that will be serving the Defendant(s).

How to Submit Paperwork to the Court

  1. Decide where (which courthouse) to deliver your paperwork. Your eviction case belongs in the county court in the county where the mobile home is located.
  2. Give the court the completed forms and exhibits:
    • JDF 141 - Eviction Complaint
    • JDF 102 - Eviction Summons
    • Blank JDF 142 - Eviction Anser
  3. Pay the filing fee, See the  Filing Fees section for a list of fees and the fee waiver process.

3. After Paperwork Is Filed

 

What Happens Next?

The court clerk will complete the appropriate fields on the Summons with the court location and date and time of the court hearing. This court date is when you will return to court for a hearing. You must go to the court for your hearing.

During the hearing, you may make an agreement with the Defendant, the judge may rule in your favor (i.e., you win the case), or the judge may rule in favor of the Defendant. The court date will be set between 7 to 14 days from the date that the court clerk completes the Summons.

 

If You Receive an Answer from the Defendant(s)

Do not ignore the Answer. It could contain both a Response and a Counterclaim (i.e., the Defendant is suing you).

If you ignore the Answer, the judge could rule against you (meaning you could owe the Defendant money and/or they may not be evicted from your property).

 

Serve the Defendant with the Paperwork

The Self-Help Service of Process page will give you information on how to arrange to serve the Defendant.

Each Defendant must be served at least 7 days before the court hearing date on the Summons. The Defendant(s) must be personally served if you want a money judgment for past due rent or damages to your rental.

Note: The fee for service may be awarded as part of your court costs if the court rules in your favor. You have to ask the judge for this award of court costs in your paperwork that starts the case.

Personal Service

  1. Provide the person serving the paperwork with JDF 98 Affidavit of Service for each Defendant and two copies each of the Summons, Complaint, and Answer forms. All exhibits, including the lease and Notice, should be attached to the Complaint.
  2. The process server will return the original Summons to you with the Affidavit of Service completed. Give the affidavit to the court on or before the date of the hearing.

Service by Posting and Mailing

  1. If personal service cannot be made on the Defendant(s), the person completing service, for example the process server or sheriff, must post the papers on the door to the main entrance of the mobile home or a place at the mobile home that is easily seen.
  2. No later than the next day following the day you file the Complaint with the court, mail a copy of the Summons, Complaint, and Answer to the Defendant(s) by postage prepaid, First-Class Mail. Don't forget to attach the exhibits. Complete the Certificate of Mailing on page two of the Summons, then give the form to the court.
  3. You are responsible for paying the service fees, if any.

About the Hearing

For tips for your court date and hearing, as well as information about the possible outcomes of your hearing, please see What to Do on Your Court Date.

Additional Resources