Cal. Civ. Code § 38-12-1407
Unfounded or retaliatory evictions.
Operative Text
(1) For any rent-to-own contract, if the seller of the mobile home evicts or attempts to evict a purchaser for any wrongful or retaliatory reason or any reason unsupported by the provisions of sections 38-12-203 and 38-12-204, the purchaser is entitled to recover treble damages. For purposes of calculating damages, the minimum amount of damages is at least the amount of purchase payments then made by the purchaser. In addition to minimum damages, the purchaser is also entitled to any other actual damages. (2) If a seller evicts or attempts to evict a purchaser for any wrongful or retaliatory reason or any reason unsupported by the provisions of sections 38-12-203 and 38-12-204, a court shall award attorney's fees and expenses to the purchaser.
Colorado Revised Statutes § 38-12-1407 addresses evictions under rent-to-own mobile home contracts. When a seller attempts to remove a purchaser for reasons that are wrongful, retaliatory, or not grounded in the eviction grounds specified in §§ 38-12-203 and 38-12-204, the purchaser is entitled to treble (triple) damages, with a floor set at the total purchase payments already made, plus any additional actual damages. Courts are also required to award attorney's fees and litigation expenses to the purchaser in such cases.
Plain English — not legal advice.
Under Colo. Rev. Stat. § 38-12-1407, sellers operating rent-to-own mobile home arrangements are expected to initiate eviction proceedings only when a legally recognized basis exists under §§ 38-12-203 and 38-12-204. Compliant operators document the specific statutory grounds for any eviction action and avoid any conduct that could be characterized as retaliatory. Because a wrongful or retaliatory eviction exposes the seller to treble damages—calculated from at least the total purchase payments received—plus mandatory attorney's fees, careful adherence to the enumerated eviction grounds is a standard practice in this space.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Colo. Rev. Stat. § 38-12-1407 gives purchasers under rent-to-own mobile home contracts meaningful financial protections when a seller pursues an eviction that is wrongful, retaliatory, or unsupported by the grounds listed in §§ 38-12-203 and 38-12-204. A purchaser in that situation may be entitled to treble damages—at minimum equal to all purchase payments made—along with any other actual losses and court-awarded attorney's fees. Tenants who believe they are facing such an eviction may consider reaching out to a tenant-rights organization, a legal aid office, or a private attorney to understand the options 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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