Instructions

JDF 140  -  Instructions for Mobile Home Evictions

Step 1 – Notify Tenant

JDF 142  -  Notice to Quit

JDF 143  -  Demand Notice: Non Payment of Rent

JDF 146  -  Tenant Advisory Notice

Step 2 – Start Court Case

JDF 147  -  Complaint

CRCCP Form 1A  -  Summons

Attachment to Form 1A (Notice of legislative language changes to summons)

or

JDF 102  -  Stipulation in Eviction

Step 3 – Tenant Response

CRCCP Form 3  -  Answer (if filing on time)

JDF 78  -  Motion to Set Aside Default Judgment (if filing late)

Step 4 – Judgment

JDF 91  -  Motion for Entry of Judgment on Stipulation

JDF 145  -  Motion for Default Judgment

Step 5 – Enforcement (as needed)

JDF 144  -  Writ of Restitution

* An eviction is legally removing someone from a property, like a space where a mobile home is set-up , because they aren't paying rent or aren't following the rules of the mobile home park.  For example, a renter may have pets even though the mobile home park rules say there will be no pets.

* The eviction must be started by a person in interest, for example the property owner or other individual or group named as the landlord on the lease. If you are the property manager or the individual or group acting for the owner(s), you may be required to show proof of your authority.

* The judgment amount (amount of money you can receive if you win your eviction case) is limited to $25,000.00 in County Court.

* For additional information about the law of mobile home evictions, review Colorado Revised Statute §38-12-201 et seq.

Notify the Tenant of the Eviction.

* To notify the Tenant of the eviction, you must complete and post and/or arrange to serve on the Tenant either the:

       JDF143  -  Demand for Compliance, or

       JDF 142  -  Notice to Quit 

* You must also complete and post and/or arrange to serve on the Tenant JDF 146 Important Notice To The Home Owner.

* If you decide to post one of these notices it must be posted on the main door of the mobile home or a place at the mobile home that is easily seen. Make a copy of the notice for your records before you post it.

* A Tenant has a certain amount of time to comply with your request that the they move out of the mobile home space before you can start an Eviction case. To determine how long the Tenant has to comply with your request that they leave, see Colorado Revised Statute §38-12-201 et seq.

Download and complete the following forms.

* JDF 147 – Complaint

* CRCCP Form 1A – Summons in Forcible Entry and Unlawful Detainer

* CRCCP Form 3 – Answer under Simplified Civil Procedure

TIPS for completing the Complaint

* You are the Plaintiff and the person(s) you are evicting is/are the Defendant(s). If there is more than one Defendant in the same case, list all of the Defendants on the form.

* Follow the prompts on the form to answer the questions and fill in the blanks.

* Attach a copy of the lease (if you have one) to the Complaint form. Write or type "Attachment 1" on the lease. The lease must be served to the Defendant(s) with the Complaint.

* Attach a copy of one of the following notices to the complaint.   You should attach a copy of the notice that you completed and posted when you were telling the renter about the eviction.  Write or type "Attachment 2" on the notice:

     - JDF 143 Demand for Compliance (For Nonpayment of Rent).  Or,

     - JDF 142 Notice to Quit 

* Make copies of all documents for the Court and the Defendant(s) that will be attached to the complaint. You must serve all of these documents on the Defendant(s) along with the Complaint. The personal service section (hyperlink here) has instructions on how to arrange to serve legal documents.

TIPS for completing CRCCP Form 1A Summons in Forcible Entry and Unlawful Detainer

* Complete the upper portion (caption) on the form.

* The court clerk will complete the court location, date, and time on CRCCP Form 1A Summons in Forcible Entry and Unlawful Detainer.

TIPS for completing CRCCP Form 3 Answer under Simplified Civil Procedure

* Complete the upper portion (caption) on the form.  Do not fill-out the box labeled Attorney or Party Without Attorney. This is for the defendant.

* Make several copies of the Complaint, Summons, Answer, and Exhibits to give to the individual or group that will be serving the Defendant(s).

(1) Decide where (in which courthouse) to deliver your paperwork.

* Your eviction case belongs in the county court in the county where the mobile home is located. The courthouse finder (link to courthouse finder) will help you find the correct county court.

(2) Provide the Court with the completed forms and exhibits.

* JDF 147 - Complaint

* CRCCP Form 1A - Summons in Forcible Entry and Unlawful Detainer

* Attachment to Form 1A (Notice of legislative language changes to summons)

* CRCCP Form 3 - Answer under Simplified Civil Procedure

(3) Pay the filing fee.

* Pay the filing fee, found in the filing fee chart.  If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee. Fpr more information visit the File Without Payment page.

(4) Work with the court clerk to set your court date.

* After you hand him/her your paperwork, the court clerk will complete the appropriate fields on the CRCCP Form 1A Summons in Forcible Entry and Unlawful Detainer with the court location and date and time of the court hearing.  This court date is when you will return to Court for a hearing.

* You must show up in court for your hearing. During the hearing, you may make an agreement with the Defendant, the judge may rule in your favor (meaning you win the case), or the judge may rule in favor of the Defendant.

* The Court date will be set between 7 to 14 days from the date that the court clerk completes the Summons.

(5) The Defendant(s) may give you an Answer.

* Do not ignore the Answer. It could contain both a Response and a Counterclaim (the defendant is suing you). If you ignore the Answer, the judge could rule against you (meaning you could owe the Defendant money and/or they may not be evicted from your property).

Personal Service:

The service section of the website will give you information on how to arrange to serve the defendant.

* The fee for service may be awarded as part of your court costs if the court rules in your favor. You have to ask the judge for this award of court costs in your paperwork that starts the case.

1. Provide the person serving the paperwork with JDF 98 Affidavit of Service for each Defendant and two copies each of the Summons, Complaint, and Answer forms. All exhibits, including the lease and notice should be attached to the Complaint.

2. The process server will return the original Summons to you with the Affidavit of Service completed. Give the affidavit to the court on or before the date of the hearing.

Each Defendant must be served at least 7 days before the court hearing date on the Summons. The Defendant(s) must be personally served if you want a money judgment for past due rent or damages to your rental.

Service by Posting and Mailing:

1. If personal service cannot be made on the Defendant(s), the person completing service, for example the process server or Sheriff, must post the papers on the door to the main entrance of the mobile or a place at the mobile home that is easily seen.

2. No later than the next day following the day you file the Complaint with the Court, mail a copy of the Summons, Complaint, and Answer to the Defendant(s) by postage prepaid, first class mail. Don't forget to attach the exhibits. Complete the Certificate of Mailing on page two of the summons and give the form to the court.

3.You are responsible for paying the service fees, if any.

INTRODUCTORY NOTES

* You are the Defendant if you receive eviction paperwork from a process server, sheriff, or other individual or find the paperwork posted on the door to your mobile home or in a place that is easily seen at your mobile home.

* If you are the Defendant do not ignore the Complaint. If you do, you could automatically lose the case and owe the plaintiff (person who is suing you) money and/or be removed from the mobile home space.

(1) Fill out the Answer.

* Use the Answer form included in the paperwork that you received: CRCCP Form 3 Answer under Simplified Civil Procedure. Tell your side of the story on the form. Why do you or don't you owe the money? Why shouldn't you be removed from the mobile home space?

(2) Determine whether you want to sue anyone yourself.

* A Defendant can sue the person that filed the Complaint by filing what is called a Counterclaim. If you would like to file a Counterclaim against your landlord (the Plaintiff), tell the court that you want to sue the plaintiff in "number two" on the Answer form you receive. Write about why you want to sue the plaintiff.

* If there are other Defendants named in the Complaint, you could sue them by filing what is called a Crossclaim. For example, your roomate may be named in the Complaint and you gave your roomate money to pay the rent and he/she didn't give your money to the landlord. You would file a Crossclaim against your roomate.  To file a Crossclaim, tell the court that you want to sue other Defendant(s) in "number three" on the Answer form. Write about why you want to sue the other Defendant(s).

(3) Give the Answer (and Counterclaim and/or Crossclaim if you have them) to the Court where the case was started and Send it to the Plaintiff and other Defendant(s).

* Complete the Certificate of Mailing on the bottom of page two of the Answer form to show the judge that you will mail a copy of the Answer to the Plaintiff and/or other Defendant(s).

* Mail a copy of the Answer to the Plaintiff (and other Defendant(s) if applicable) on the same day that you give the Answer to the court.  If the Plaintiff has an attorney, mail a copy of the Answer to the attorney.  Make copies of your Answer before submitting it to the court so that you can do this.

* Pay the filing fee  If you do not think you can afford the filing fee, go to the instructions and fill out form JDF 205 Motion to File Without Payment and Supporting Financial Affidavit and JDF 206 Finding and Order Concerning Payment of Fees to request a waiver of the filing fee. For more information check out the File Without Payment page.

          * Note: You may request a jury trial. You must pay the jury demand fee and your filing fee.  Your request will only be granted if you are entitled to a jury trial under current Colorado law.

* The court clerk may set a new hearing date. Both parties must appear on the new date set by the court.

* If you requested a jury trial or if either person asks to delay the trial more than 5 days you or other person(s) in the case may be required to post a bond or other amount of money.

BEFORE THE HEARING:

* Be on time or early for your court hearing

* Have all of your information, completed paperwork, exhibits (lease, notice, etc.), and any other evidence with you. Evidence can include a copy of the lease, copies of emails between the landlord and renter, copies of rent receipts, photographs of the property, etc. Organize and label all pieces of evidence as exhibits that you can share with the other person and the judge.

                  * If you are the Plaintiff, label your exhibits with numbers starting with the number 1.

                  * If you are the Defendant, label your exhibits with letters starting with the letter A.

                  * Make copies of your exhibits for the other person and for the judge. You will have to pay for any copies that the courthouse staff has to make for you.

* Turn off your cell phone and respect everyone in the courtroom. Refer to the judge as "Your Honor" or "Judge."

* You may be asked to talk with the other party (other person involved in the case) to see if you can settle the case before the hearing.

DURING THE HEARING:

* The Plaintiff(s) will tell the judge why the Defendant should be evicted from the mobile home park.

* The Defendant(s) tell the judge why the Plaintiff should not evict the Defendant(s) from the mobile home park.

* Both the Plaintiff and the Defendant should focus on the facts. Present any exhibits to the judge and call witnesses to provide important information about your case.

* Ask your witnesses questions so that they can testify (speak to the Court).

* If the other person has an attorney, the attorney may object to or ask the judge to ignore exhibits and witnesses that you try to bring up in your case.

A Subpoena must be served no later than 48 hours prior to the appearance date.

A Subpoena to Appear is a document issued by the clerk at the request of one of the parties to require the appearance of a witness at a deposition, hearing or trial.

A Subpoena to Produce (Subpoena Duces Tecum) is a document issued by the clerk at the request of one of the parties to require the witness to bring certain documents or evidence in their possession with them to a deposition, hearing or trial.

A Court hearing or trial must be set prior to requesting the clerk to issue a Subpoena.

For additional information, please review C.R.C.P 345.

Instructions and Forms can be found by clicking on http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=154

* Settlement: Settlement occurs when both the Plaintiff and the Defendant agree to resolve the case before the judge or jury makes a decision about who should win.  If both the Plaintiff and Defendant are at the hearing, the Defendant could agree to leave the mobile home park and pay the rent or damages owed or a different amount if the Plaintiff agrees. The Plaintiff and Defendant could also make an agreement that will allow the Defendant to stay at the property. The Parties should complete JDF102 Stipulation in Forcible Entry & Detainer (FED) Eviction with specifics about the agreement and submit the Stipulation to the court that day to make the agreement official.

* Another Hearing: If the Defendant filled out the Answer form with a Counterclaim, the court could schedule a new court hearing, about 7 days from the first court hearing date.

* Default Judgment for the Plaintiff: If the Plaintiff is at the hearing, but the Defendant does not show up, the judge could award money and/or eviction to the Plaintiff.  The Defendant could owe the Plaintiff money and may have to leave the mobile home park immediately.

* Dismissal: If the Defendant is at the hearing but the Plaintiff is not, the judge could dismiss the case.  The Plaintiff could owe the Defendant money if the Defendant made a Counterclaim in the answer and/or the Defendant may be able to stay in the mobile home park.

* Hearing: The court hearing could be held as scheduled with each person in the case telling the judge why they should win using their witnesses and evidence. The judge could give his/her decision that day.

The Defendant has 30 days to leave after an order for eviction.  They may stay up to 60 days if they pay a pro-rated amount in rent.

If the Defendant doesn't leave after this time, the Plaintiff may file a JDF144 - Writ of Restitution (Mobile Home FED).  Just fill out the case caption (boxes at the top of the form).

If the Judge signs the order, the Plaintiff can then give it to the sheriff for assistance in evicting the mobile homeowner.  Check with the sheriff about how long it will take to remove a person from the mobile home park. This could take several days or weeks depending on the sheriff's schedule.