2-27-2021: Update on the Current State of Evictions in Colorado
As of February 27, 2021
UPDATED 2-27-2021: Governor Polis has issued Executive Order D-2021-052 which temporarily extends prohibition on late fees and expires on March 29, 2021. There has been some relief for landlords in Colorado. On December 31st, Governor Polis lifted the executive order which protected tenants who were not paying rent from being evicted due to that nonpayment if that tenant filled out a declaration form and also imposed a 30-day notice requirement. In its place, Governor Polis issued Executive Order 2020 307, which protects both residential and commercial tenants from the imposition of late fees due to a tenant’s failure to timely pay rent or any portion of rent. This requirement is now in effect through February.
Be aware that the September CDC Order, however, was extended through the end of March with some modifications and continues to offer protection for tenants who are not paying rent and are in danger of being evicted due to that nonpayment and fill out the CDC Declaration Form. (See the Order here and Form here ). Although landlords no longer have an obligation under Colorado law to provide tenants with a copy of the CDC Order or Declaration Form, we recommend that HUD partners continue to provide tenants with the revised copies of both (see links above).
Many of our clients inquire as to whether a landlord can challenge the truthfulness of the contents of a tenant declaration form. The courts are inconsistent in this regard, and it is best to seek out counsel practicing in that jurisdiction to determine how that judge is applying the CDC Order.
If you would like to speak with an attorney about evictions, please give our office a call on 970-241-5500.
By Annie Murphy