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Landlords required to serve tenants with 30-day notice of nonpayment of rent

Colorado Executive Order on April 20, 2021


On Tuesday, April 20, 2021, Governor Polis issued executive order D 2021 088 requiring landlords to issue 30-day rent demands for residential rent defaults that occurred on or after March 10, 2020. This means that before a landlord can initiate any action for forcible entry and detainer, the landlord must provide a 30-day notice of any default to the tenant who then has an opportunity to cure said default or nonpayment throughout that entire thirty-day period. This order supersedes the statutory 10-day demand period. The executive order is currently set to expire on May 20, 2021; however, any 30-day notice given to tenants may extend beyond the expiration of the order. The order also makes special note that it does not relieve any tenant from their obligation to make rent payments.

The order is intended to act as an additional protection for Colorado tenants who have been unable to make rent payments as a result of the COVID-19 pandemic. Federally, the Center for Disease Control’s eviction moratorium remains in effect through June 30, 2021. The order, extended on April 1, 2021, prevents eligible tenants who have completed the CDC Declaration Form from being evicted. For more information on the CDC’s eviction moratorium, please read our most recent blog post here.

Additionally, a new rule from the Bureau of Consumer Finance Protection will require landlords to provide notice of the CDC eviction moratorium to all tenants they are filing evictions on. The rule, which you can read in full here, takes effect May 3 and remains in effect until the moratorium expires on June 30.

Combined, the state and federal orders prevent landlords from filing for forcible entry and detainer before they have provided a tenant with the 30-day notice to cure default or nonpayment and provided the tenant with notice of the CDC’s eviction moratorium. Tenants who remain in default of payment after the 30-day window cannot be evicted before June 30, 2021 if that tenant has filled out and given the landlord a CDC Declaration Form.

Another of Governor Polis’ executive orders barring landlords from charging late fees as a result of inability to pay rent or any portion of rent in a timely matter remains in effect through Tuesday, April 27, 2021.

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, click here. If you would like to speak with an attorney about evictions, please give our office a call at 970-241-5500.

Annie Murphy and Jesse Crawford

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