38-12-202. Tenancy - notice to terminate tenancy

38-12-202. Tenancy - notice to terminate tenancy. (1) (a) Tenancy or other lease or rental occupancy of space in a mobile home park may not commence without a written lease or rental agreement, and tenancy in a mobile home park shall not be terminated until a notice to terminate tenancy or notice of nonpayment of rent has been served. A notice to terminate tenancy must be in writing and include a description of the property. The property description is legally sufficient if it states:

(I) The name of the landlord or the mobile home park;

(II) The mailing address of the property;

(III) The location or space number upon which the mobile home is situate; and

(IV) The county in which the mobile home is situate.

(b) Service of the notice to terminate tenancy must be as specified in section 13-40-108. Service by posting is deemed legally sufficient within the meaning of section 13-40-108 if the notice is affixed to the main entrance of the mobile home.

(c) (I) Except as otherwise provided in section 38-12-204 (1) or subsections (1)(c)(II) and (3) of this section, the management shall give a home owner at least ninety days after the date the notice is served or posted to sell the mobile home or remove it from the premises.

(II) If management terminates a tenancy on grounds described in section 38-12-203 (1)(f), the management shall give the home owner at least ten days after the date the notice is served or posted to sell the mobile home or remove it from the premises.

(2) Repealed.

(3) In any notice provided by the management as required by this section, the management shall specify the reason for the termination, as described in section 38-12-203, of the tenancy that is the subject of the notice. If the management is terminating the tenancy because the mobile home or mobile home lot is out of compliance with local ordinances or state laws or rules relating to mobile homes and mobile home lots, as described in section 38-12-203 (1)(a), or out of compliance with written rules and regulations of the mobile home park, as described in section 38-12-203 (1)(c), the notice must include a statement advising the home owner that the home owner has a right to cure the noncompliance within ninety days after the date of service or posting of the notice to terminate tenancy. This ninety-day period runs concurrently with the ninety-day period to sell the mobile home or remove it from the premises as set forth in subsection (1)(c)(I) of this section. Rent payment and other agreed tenant obligations remain in effect during this ninety-day period, and acceptance of rent by a landlord during this ninety-day period does not constitute a waiver of the landlord's right to terminate the tenancy for any noncompliance described in section 38-12-203 (1)(a) or (1)(c).

(4) Notwithstanding any other provision of this section, in any action to terminate a home owner's tenancy based on a violation described in section 38-12-203 (1)(a), the periods of time set forth in this section to provide home owners notice or a right to cure are superseded by any local ordinances, state laws or rules, or court orders that require a home owner's compliance within a shorter time period.