Landlords required to give 30 days notice to evict for non-payment of rent
On June 13, 2020, Governor Polis issued Executive Order D 2020 101(“Executive Order”) extending the length of time that a landlord has to provide notice of default for nonpayment of rent before initiating or filing an action for forcible entry and detainer (“FED action”). The Executive Order does NOT relieve tenants from paying their rent, but rather gives them a longer opportunity to make their required payments following service of a formal notice or demand for rent. Please note that earlier executive orders regarding eviction restrictions have expired; therefore, you should reference this Executive Order until it expires on July 13, 2020.
Under the Executive Order, instead of the usual 10-day notice requirement, you must now provide THIRTY (30) days’ notice to a tenant of any default for nonpayment of rent before initiating or filing a FED action. Tenants have the full 30-day period to cure this defect by paying the rent they owe. If the tenant still has not paid their rent after 30 days from the time that the notice is served, then you can proceed with filing a FED action with the court. Please note, the Executive Order only applies to lease violations for nonpayment of rent. It does not change the 10-Day notice requirements for other lease violations, including the nonpayment of utilities or other fees.
Additionally, under the Executive Order you are PROHIBITED from charging any late fees or penalties for a breach of a lease due to nonpayment that were incurred from May 1, 2020 until June 13, 2020. If a tenant has failed to pay rent after June 13, 2020, nothing in the Executive Order prohibits you from charging late fees.
Please keep in mind that the federal moratorium on evictions under the CARES Act is still in effect. This means that if your property is a “covered property” under the CARES Act, you cannot initiate evictions proceedings, including issuing a notice of default for nonpayment of rent, or charge any late fees or penalties, until after July 24, 2020. A “covered property” under the CARES Act includes any property that participates in a covered housing program as defined in the Violence Against Women Act; the rural housing voucher program of Section 542 of the Housing Act of 1949; or any property that has a federally-backed mortgage loan or federally-backed multifamily mortgage loan.
This new Executive Order is currently set to expire on July 13, 2020 but could potentially be extended by a further Executive Order. We are working diligently to stay up to date on all new developments concerning eviction proceedings. If you have any questions, please feel free to contact our office.