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Evictions During COVID-19

Posted by Ben Volpe | Aug 08, 2020

Due to the COVID-19 pandemic, Colorado has seen an onslaught of executive orders from the governor's office over the past few months. From modifying notary and marriage license requirements, to closing ski areas, to limiting foreclosures, Governor Polis has exercised his executive power in an effort to curtail the spread of COVID-19. 

On June 13, 2020, Governor Polis issued Executive Order D 2020 101 “Ordering the Temporary Limiting of Certain Evictions to Provide Relief to Coloradans Affected by COVID-19.” This Order “encourage[s] landlords to take steps to limit evictions for tenants who have made a good faith effort to make rental payments or . . . establish a repayment agreement” and “direct[s] the Department of Local Affairs (DOLA) to work with COVID-impacted landlords and tenants to create reasonable payment plans that allow tenants to remain in their residences . . . .”

Importantly, this Order temporarily changes the statutory requirement that landlords give tenants 10 days' notice of default for non-payment of rent prior to filing an eviction action to 30 days' notice. See C.R.S. § 38-12-204(1), 38-12-204.3(2), and 13-40-104(1)(d). This means that during the effective period of this Order, tenants have the opportunity to pay their rent due prior to the landlord initiating eviction proceedings. Moreover, DOLA is supposed to work with landlords to implement its model repayment agreements to help tenants and landlords work together to avoid an eviction. And, landlords cannot charge late fees for nonpayment of a lease during the period May 1, 2020 to June 13, 2020. 

Although the Order was set to expire on July 13, 2020, the governor extended and modified it on July 12, 2020 with Executive Order D 2020 134. The new Order added that the 30 day notice requirement applies to nonpayment that occurred after March 10, 2020, and that tenants have a “one-time opportunity to cure any default for nonpayment.” This updated Order expires 30 days from July 12, or August 11, 2020. 

Be sure to tune in to the Governor's executive order website next week to see if he extends this eviction limitation further. If you have questions about this article or eviction law in general, please Contact Us or call us at 720-441-3328.

DISCLAIMER

The information contained in this blog is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. 

About the Author

Ben Volpe

Founding Member  Ben is a founding member of the firm. He has a broad range of experience involving business litigation; construction defect litigation; commercial, fraud, and civil litigation; commercial and residential leases; insurance; trademarks; business and construction contracts; and rea...

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