Cal. Civ. Code § 38-12-1402

Mobile home rent-to-own contracts - requirements - terms - termination.

In Force
Verified 10/16/2026 · Next check 10/23/2026
effective 10/16/2026ColoradoLease Requirements

Operative Text

Cal. Civ. Code § 38-12-1402
(1) A
rent-to-own contract must be in writing and signed by the purchaser and the
seller of the mobile home. A rent-to-own contract that is not in writing or
that is not signed by both the purchaser and the seller is not enforceable by
either party.

(2) A
rent-to-own contract must be in either English or both English and Spanish, as
requested by the purchaser.

(3) 
Before entering into a rent-to-own contract, the seller of the mobile home must
provide the purchaser with the following:

(a) 
Proof of the seller's ownership of the mobile home, including a copy of the
seller's valid certificate of title to the mobile home and a disclosure of any
liens placed on the home, including a copy of any liens, if available; and

(b) A
disclosure that the purchaser has the right to have the mobile home
professionally appraised at the buyer's expense and that the seller shall make
reasonable efforts to make the mobile home available for appraisal.

(4) A
rent-to-own contract must contain the following information:

(a) The
manufacturer of the mobile home and the date of manufacture;

(b) The
vehicle identification number or other identifying number of the mobile home;

(c) The
mobile home park and the lot number within the mobile home park on which the
mobile home is located;

(d) A
list of fixtures that are included in or excluded from the purchase of the
mobile home;

(e) A
list of improvements to the mobile home that are included in or excluded from
the purchase;

(f) The
term of the rent-to-own contract;

(g) The
total purchase price of the mobile home;

(h) The
number of purchase payments that the purchaser must make under the rent-to-own
contract and the amount of each payment;

(i) The
fee, if any, that the purchaser must pay as consideration for the rent-to-own
option. If an option fee is required, the amount of the fee shall not exceed
the cost to transfer the title of the mobile home in the county in which the
mobile home is located; and

(j) A
separate term listing the amount of rent to be paid each month for the mobile
home that is in addition to the purchase payment.

(5) 
Before entering into a rent-to-own contract, the purchaser has the right to
inspect the mobile home and to have the mobile home professionally inspected at
the purchaser's expense. The purchaser also has the right to have the mobile
home professionally appraised at the purchaser's expense. The seller shall make
reasonable efforts to make the mobile home available for inspection or
appraisal.

(6) At
any time during the term of the rent-to-own contract, the purchaser may pay
additional amounts towards the balance owed on the total purchase price of the
mobile home, including paying the balance in full, without incurring any
penalty.

(7) (a) 
The purchaser in any rent-to-own contract has the right to terminate the
contract before the end of the term of the contract. To exercise the right to
terminate the contract, the purchaser must give the seller at least thirty
days' written notice of the purchaser's intent to terminate the rent-to-own
contract. At the conclusion of the thirty days' notice to terminate, the seller
must return to the purchaser all purchase payments made by the purchaser
reduced by any then-owed rent under the contract.

(b) If
the purchaser of the mobile home terminates the rent-to-own contract, the
termination shall not affect any mobile home lease agreed on by the purchaser
and the seller of the mobile home. Any mobile home lease remains in full force
and effect and may only be terminated pursuant to applicable landlord-tenant
law.

(8) (a) 
The seller of a mobile home may terminate a rent-to-own contract only for one
of the following reasons:

(I) The
purchaser of the mobile home failed to timely make a purchase payment under the
rent-to-own contract, the seller has given the purchaser written notice of the
failure to pay, and the purchaser has not cured the payment deficit within
thirty days of receiving written notice; or

(II) 
The purchaser committed an action related to the mobile home purchaser's mobile
home lease that led to a valid and executed writ of restitution.

(b) If
the seller of a mobile home terminates a rent-to-own contract pursuant to this
subsection (8), the seller shall return to the purchaser all purchase payments
made by the purchaser no later than ten calendar days after the rent-to-own
contract terminates. If the purchaser owes any rent to the seller, the seller
may reduce the returned purchase payment by the amount of rent the purchaser
owes to the seller.

(c) If
the seller of a mobile home cannot comply with the rent-to-own contract because
the mobile home becomes encumbered as a result of legal actions taken against
the seller, then the seller shall provide the purchaser with proof of the
encumbrance and shall return to the purchaser all purchase payments made by the
purchaser within ten calendar days of the date that the seller knew or
reasonably should have known that it would not be possible to comply with the
rent-to-own contract.

(d) If
the seller of a mobile home cannot comply with the rent-to-own contract because
the mobile home park in which the mobile home is located is condemned or
changes use pursuant to section 38-12-203 (1)(d), the seller shall return to
the purchaser all purchase payments made by the purchaser within ten days of
the purchaser receiving written notice of the condemnation or change in use
pursuant to section 38-12-203 (1)(d). If the seller is the landlord of the
mobile home park and cannot comply with the rent-to-own contract because the
mobile home park in which the mobile home is located is condemned or changes
use pursuant to section 38-12-203 (1)(d), the seller shall also pay the
purchaser reasonable relocation expenses pursuant to section 38-12-203.5
(2)(b)(I).
Source: Legislative text reproduced verbatim
Plain English

Colorado Revised Statute § 38-12-1402 establishes the legal framework for mobile home rent-to-own contracts in Colorado. Such contracts must be written, signed by both parties, and offered in English or bilingual English-Spanish at the purchaser's request. The law specifies what disclosures sellers must make before signing, what information the contract itself must contain, and the conditions under which either party may terminate the agreement — including rules governing the return of purchase payments in each termination scenario.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 16, 2026

Plain English — not legal advice.

For Property Managers

Under Colo. Rev. Stat. § 38-12-1402, sellers of mobile homes under rent-to-own arrangements generally ensure that every contract is in writing, signed by both parties, and contains all required disclosures and terms — including proof of ownership, lien disclosures, vehicle identification, purchase price, payment schedule, and a separate rent line item. Compliant sellers provide the purchaser with a written disclosure of the right to inspect and appraise the home before signing, and they make the home reasonably available for those purposes. When a contract ends — whether by purchaser termination, seller termination, encumbrance, or park condemnation — sellers are generally expected to return purchase payments within the timeframes the statute specifies, net of any legitimately owed rent.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

Colo. Rev. Stat. § 38-12-1402 gives mobile home purchasers under rent-to-own contracts a set of enforceable rights, including the right to receive key disclosures before signing, to inspect and appraise the home at their own expense, and to make extra payments toward the purchase price at any time without penalty. Purchasers also have the right to terminate the contract early by giving at least 30 days' written notice, after which the seller must return all purchase payments minus any rent then owed. If a seller fails to honor these obligations — such as refusing to return purchase payments on time — purchasers may wish to consult a tenant-rights organization, a housing legal aid provider, or explore remedies available through Colorado courts.

General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.

Generated October 16, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.

Effective Timeline

Current
Oct 16, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

Colo. Rev. Stat. § 38-12-203
Not yet ingested
Colo. Rev. Stat. § 38-12-203.5
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 244.280
Tenant to be given copy of lease
§ 151.35
SEVERABILITY
§ 165.12
SEVERABILITY

Source Information

Snapshot SHA:
Fetched:Oct 16, 2026, 05:03 PM UTC