CDC Extends Eviction Moratorium for Residential Nonpayments through June 30th
On April 1, the CDC extended the stay on residential evictions related to a tenant’s nonpayment of rent through June 30, 2021. The previous order, which expired at the end of March, prevented eligible tenants who had completed the CDC Declaration Form from being evicted. Under the new order, eligible tenants who have previously submitted the eviction declaration and are in danger of being evicted as a result of nonpayment do not need to submit a new declaration. They remain protected from eviction based on the declaration form they previously submitted to either the landlord or the court. While Colorado law does not require landlords to provide a copy of the CDC Order or Declaration Form to tenants, we continue to recommend that HUD partners provide their tenants with the latest revisions of both. In addition, be aware that most judges will, from the bench, advise tenants of the existence of the CDC Order.
Landlords must refrain from evicting tenants who filled out the CDC Declaration Form even if the form was filled out and delivered to the Landlord after the Landlord already received an Order of Possession from the Court but before the Writ was executed. The CDC Order mandates that Writs must also be stayed for nonpayment of rent evictions where a tenant filled out a CDC Declaration Form.
Remember that monetary relief is available to Landlords. Landlords can apply on their own for rental assistance and can obtain back rent through April 2020. For more information and to apply, go to: https://cdola.colorado.gov/rental-mortgage-assistance. You can read the CDC order here and access the Eviction Protection Declaration here.
In Colorado, Governor Polis’ Executive Order D-2021-073 extended his earlier executive order barring landlords from charging tenants late fees as a result of inability to pay rent or any portion of rent in a timely matter. This order now remains in effect through April 27, 2021.
If you would like to speak with an attorney about evictions, please give our office a call at 970-241-5500.
By Annie Murphy and Jesse Crawford