Cal. Civ. Code § 38-12-1403
Duties of the seller.
Operative Text
(1) For any rent-to-own contract, the seller of the mobile home shall: (a) Remain responsible for any repairs of conditions that could endanger the health or safety of a buyer, except for conditions caused by a buyer's gross negligence or willful conduct, until the purchaser becomes the owner of the mobile home and receives the title to the mobile home from the seller or until the lot lease and mobile home lease are legally and validly terminated; (b) Ensure that the mobile home is habitable under state and local law before entering into a rent-to-own agreement; (c) Bear the reasonable costs of repairs or maintenance related to the mobile home during the term of the rent-to-own contract so long as the repair or maintenance was not caused by the purchaser's gross negligence or intentional misconduct; (d) Timely pay all property taxes assessed on the mobile home until the purchaser becomes the owner of the mobile home and receives the title to the mobile home from the seller. The seller may prorate any property taxes owed at the time the title to the mobile home is transferred; and (e) Return to the purchaser of the mobile home all purchase payments made by the purchaser if the mobile home is rendered unfit for habitation by causes outside of either the purchaser's or the seller's control. If the purchaser owes the seller any money related to the mobile home lease at the time a mobile home is destroyed, the seller may deduct the owed money from any accumulated purchase payments. The seller shall return the accumulated purchase payments within ten days of the date the mobile home was destroyed.
Under Colorado Revised Statutes § 38-12-1403, sellers who enter into rent-to-own contracts for mobile homes carry a defined set of ongoing obligations throughout the contract period. The seller must keep the home habitable before the agreement begins and remains responsible for health- or safety-related repairs and general maintenance costs during the contract term, unless damage stems from the buyer's gross negligence or intentional misconduct. The seller must also stay current on property taxes until title transfers, and must refund accumulated purchase payments within ten days if the home is destroyed by causes outside either party's control, with limited deductions for any amounts the buyer owes on the lease.
Plain English — not legal advice.
Sellers operating under a rent-to-own arrangement governed by Colo. Rev. Stat. § 38-12-1403 generally document the home's habitability under state and local law before signing any agreement. Throughout the contract, compliant sellers track and pay property taxes on time, address health- and safety-related repair needs promptly, and cover reasonable maintenance costs not attributable to the buyer's gross negligence or intentional misconduct. Sellers also maintain clear records of all purchase payments received so that, in the event of an uncontrollable loss, any required refund can be calculated and returned within the ten-day window the statute specifies.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 38-12-1403 establishes that buyers in a mobile home rent-to-own arrangement have the right to receive a habitable home at the outset and to have health- and safety-threatening conditions repaired by the seller during the contract term, except where the buyer's own gross negligence or willful conduct caused the problem. If the seller fails to meet these duties—such as neglecting necessary repairs or failing to pay property taxes—buyers may have grounds to raise those failures as a legal defense or to file a complaint with a relevant state or local housing authority. Consulting a tenant-rights organization or legal aid provider familiar with Colorado mobile home law can help buyers understand which enforcement paths are available under this provision.
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.
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