How Do I Know if My Home Qualifies as an RV or a Mobile Home?
A mobile home is defined in the Colorado Revised Statutes § 38-12-201.5(2). There, it states that a mobile home is a “single-family dwelling built on a permanent chassis designed for long-term residential occupancy and containing complete electrical, plumbing, and sanitary facilities and designed to be installed in a permanent or semi-permanent manner with or without a permanent foundation, which is capable of being drawn over public highways as a unit, or in sections by special permit, or a manufactured home as defined in section 38-29-102(6) if the manufactured home is situated in a mobile home park.”
I Live in a Mobile Home Park. Who is Responsible for Repairs?
The Mobile Home Park is responsible for utility/sewer lines, etc., to the pad site. The mobile home owner or tenant is solely responsible for repairs to the home itself. The owner of the mobile home may make a claim with his/her insurance company and/or FEMA. If the home is destroyed, the mobile home owner is responsible for removing the home and clean up.
If the person is renting the mobile home, see above for private landlord/tenant issues.
If the Mobile Home Park provided sheds, carports, or other buildings or structures, it is the responsibility of the Mobile Home Park to repair/restore those structures.
Claims with FEMA must be made within a short time after the disaster occurred. Persons can and should file a claim with FEMA at the same time they file their insurance claims. FEMA may not pay until/unless the insurance company declines coverage. See the above FEMA section for more information.
My Mobile Home was Destroyed. Do I Still Have to Pay Rent for the Lot?
Yes. You rent the land upon which the mobile home is placed, and thus are obligated to pay rent to maintain possession of the lot.
The Owner of the Mobile Home Park has Told Me I Need to Remove My Home to Make Space for Someone Else. Can My Lease be Terminated?
No. A lease in a mobile home park may not be terminated solely to make the owner’s space available for another mobile home or trailer coach. Colo. Rev. Stat. § 38-12-205.
The Owner of the Mobile Home Park Where I Live Told Me He is Terminating My Lease. What Should I Do?
The owner is required to give you notice of the termination in writing. Colo. Rev. Stat. § 38-12-202. The notice must state the reason for the termination. Colo. Rev. Stat. § 38-12-202 (3). Additionally, the notice must contain the statutory language advising you of your rights. Colo. Rev. Stat. § 38-12-204.3(2).
There will be a date and time on the front page of the court papers. Be sure to appear in the court at that day and time. Do not take anyone’s word that the lawsuit will be dismissed; always go to every court appearance.
You may wish to consult a lawyer. You may not have much time between when you are served the court papers and when you are scheduled to go to court. If you are low-income, you may want to contact Colorado Legal Services.
I Want to Move My Mobile Home Out of the Mobile Home Park Where I am Living. Can I Terminate My Lease?
Colorado law allows a mobile home park owner to terminate a lease in certain circumstances. Colo. Rev. Stat. § 38-12-203. However, there is no provision that allows a tenant to terminate the lease.
Who is Responsible for Debris Cleanup?
The lease and the mobile home park rules and regulations should be examined to determine if the parties have a written agreement governing this issue.
When the lease is silent, C.R.S. 38-12-212.3 provides that the mobile home park landlord is responsible for the cost of the maintenance and repair of the sewer lines, water lines, and utility service lines. Additionally, the landlord is responsible for the cost of the maintenance and repair of any accessory buildings or structures, including sheds and carports, and “the premises” as defined in C.R.S. 38-12-201.5(5).
The mobile home owner is solely responsible for the home. Thus, if the home is destroyed, the mobile home owner is responsible for removal of the home and for cleanup. Additionally, the owner of the mobile home may make a claim with his/her insurance company and/or FEMA.
What Happens if the Mobile Home Park is Condemned?
Condemnation of the mobile home park is covered by C.R.S. § 38-12-203(1)(d)(I) & (II). The statute states that the mobile home park owner must notify mobile home owners within 17 days of receiving the notice of condemnation.
The burden of removing the trailer prior to the condemnation falls on the mobile home owner. The mobile home owner should make sure that the mobile home is registered in his/her name and that title was properly recorded. These may, otherwise, be hurdles to moving the mobile home. Additionally, the mobile home owner should be aware that other mobile home parks might not accept trailers beyond a certain age.
What if I am Renting the Mobile Home?
If you are renting a mobile home, you are classified as a renter. The renter is entitled to receive funds for loss of personal property and rental assistance through FEMA.
The mobile home owner is not entitled to any FEMA benefits because the dwelling was not his or her primary place of residence.
In a rent-to-own situation, the renter should appeal to FEMA to reclassify the mobile home renter as a homeowner.
What Kind of FEMA Assistance Can I Receive for My Mobile Home?
In most cases, the FEMA agent will assess the cost of repairs and provide the mobile home owner up to $5,100 for repairs. However, with older, more vulnerable homes, it is a good idea to advocate for total destruction of the mobile home. If the mobile home is classified as destroyed, the mobile home owner will be awarded up to $12,500 for “loss of housing unit.” If the mobile home is initially declared “repairable” but the client believes the cost of repairs will exceed the value of the mobile home, it is generally a good idea to speak to local, county, or city inspectors to request that they inspect the mobile home. If the mobile home is condemned by local authorities, the mobile home owner is entitled to seek a reclassification to obtain the higher level of benefits from FEMA.