There a lot of questions about residential evictions in Colorado.
Can you evict a tenant for not paying rent? Do you have to provide more than 10 days of notice prior to eviction? Can a tenant be charged late fees? Can a tenant’s utilities be shut off if bills aren’t paid? Is money still available from the government to help a tenant behind on rent or utility payments? The short answer to all these questions is yes.
The COVID-19 pandemic protections provided to tenants nationally through the Centers for Disease Control and Prevention eviction moratorium ended Aug. 26 as a result of a U.S. Supreme Court ruling invalidating the CDC eviction ban.
In Colorado, executive orders related to evictions have all expired except one Gov. Jared Polis amended and extended on Sept. 4.
Based on the governor’s amended Executive Order D 2021 122, landlords must provide eligible individuals 30 days of notice of any default for nonpayment that occurred on or after March 10, 2020 before initiating or filing an action for forcible entry and detainer. Such a 30-day notice may extend beyond the expiration of this executive order. During this 30-day period, eligible individuals shall have the opportunity to cure any default for nonpayment.
Eligible individuals means those who can demonstrate they submitted an application for their rental property or the landlord has submitted an application for their specific rental property to the state or any locality for emergency rental assistance in good faith and their applications haven’t been denied.
Landlords may also collect late fees, and utility companies can shut off services if bills aren’t paid.
The good news for tenants and landlords is money is still available from the state to help pay rent and utilities. Congress allocated about $46.5 billion in stimulus funds, but the federal government has been slow in sending money appropriated for this use.
Finally, it appears the rules for residential evictions will remain a moving target for the time being. Consult with your legal counsel before proceeding.