Cal. Civ. Code § 38-12-1408
Rent-to-own contract - conclusion.
Operative Text
(1) For any rent-to-own contract, within ten days of receiving the final purchase payment, the seller must assign the title to the mobile home to the purchaser and provide the purchaser all documents in the seller's control necessary for the purchaser to transfer title to the mobile home. The seller shall assign the title to the mobile home without placing any restrictions on the title or on the buyer's ownership rights to the mobile home. (2) Before assigning the title of a mobile home to the purchaser, the seller must pay any then-owed property taxes assessed on the mobile home or provide a credit to the purchaser, prorated to the date that the mobile home's title is assigned to the purchaser. (3) A seller shall not impose any other fees, charges, or other costs on the purchase of a mobile home as a condition of concluding the rent-to-own contract. (4) In addition to all other remedies available pursuant to section 38-12-220 and other state law, if the seller of a mobile home has failed to properly repair or maintain the mobile home as required by section 38-12-1403 at the time the purchaser of a mobile home makes the final payment under the rent-to-own contract, the purchaser may exercise the purchaser's right of private action pursuant to section 38-12-220. If the purchaser prevails, in addition to damages available pursuant to section 38-12-220, a court may award treble damages if the court determines that the seller's failure to repair or maintain the mobile home was negligent or willful.
Colorado Revised Statutes § 38-12-1408 governs how a rent-to-own mobile home contract must be concluded. Once the final purchase payment is received, the seller has ten days to transfer a clean, unrestricted title and hand over all documents needed for the purchaser to complete the title transfer. The seller must also settle any outstanding property taxes—or credit the purchaser for the prorated share—before the title changes hands, and may not tack on any additional fees or charges as a condition of closing the deal. If the seller failed to properly maintain the home as required under § 38-12-1403, the purchaser may pursue a private legal action and, if successful, a court can award treble damages when the seller's failure was negligent or willful.
Plain English — not legal advice.
Under § 38-12-1408, sellers operating rent-to-own mobile home contracts generally complete several steps at the conclusion of the agreement: they transfer a clean, unrestricted title within ten days of receiving the final payment, provide all title-related documents in their possession, and resolve any outstanding property tax liability before or at the time of transfer. Compliant sellers do not impose additional fees, charges, or costs as a condition of concluding the contract. Sellers also ensure the home has been properly repaired and maintained as required by § 38-12-1403 before the final payment is due, since a court finding of negligent or willful failure to maintain can result in treble damages awarded to the purchaser.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 38-12-1408 gives mobile home purchasers under a rent-to-own contract the right to receive a clean, unrestricted title within ten days of making their final payment, along with all documents needed to complete the title transfer, and to have any owed property taxes resolved before that transfer occurs. Sellers are prohibited from adding extra fees or charges at the conclusion of the contract. If a seller failed to properly maintain the home as required by § 38-12-1403, purchasers have the right to bring a private legal action under § 38-12-220, and a court may award treble damages if the seller's failure was found to be negligent or willful; tenant-rights organizations or legal aid services can help purchasers understand what remedies may be available to them.
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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