Skip to main content

Contact Us For A Consultation

720-770-3457

Evictions During Covid-19

Posted August 08, 2020 in Uncategorized

Evictions During Covid-19
Due to the COVID-19 pandemic, Colorado has seen an onslaught of executive orders from the governor’s office over the past few months. From modifying notary and marriage license requirements, to closing ski areas, to limiting foreclosures, Governor Polis has exercised his executive power in an effort to curtail the spread of COVID-19.

On June 13, 2020, Governor Polis issued Executive Order D 2020 101 “Ordering the Temporary Limiting of Certain Evictions to Provide Relief to Coloradans Affected by COVID-19.” This Order “encourage[s] landlords to take steps to limit evictions for tenants who have made a good faith effort to make rental payments or . . . establish a repayment agreement” and “direct[s] the Department of Local Affairs (DOLA) to work with COVID-impacted landlords and tenants to create reasonable payment plans that allow tenants to remain in their residences . . . .”

Importantly, this Order temporarily changes the statutory requirement that landlords give tenants 10 days’ notice of default for non-payment of rent prior to filing an eviction action to 30 days’ notice. See C.R.S. § 38-12-204(1)38-12-204.3(2), and 13-40-104(1)(d). This means that during the effective period of this Order, tenants have the opportunity to pay their rent due prior to the landlord initiating eviction proceedings. Moreover, DOLA is supposed to work with landlords to implement its model repayment agreements to help tenants and landlords work together to avoid an eviction. And, landlords cannot charge late fees for nonpayment of a lease during the period May 1, 2020 to June 13, 2020.

Although the Order was set to expire on July 13, 2020, the governor extended and modified it on July 12, 2020 with Executive Order D 2020 134. The new Order added that the 30 day notice requirement applies to nonpayment that occurred after March 10, 2020, and that tenants have a “one-time opportunity to cure any default for nonpayment.” This updated Order expires 30 days from July 12, or August 11, 2020.

Be sure to tune in to the Governor’s executive order website next week to see if he extends this eviction limitation further. If you have questions about this article or eviction law in general, please Contact Us or call us at 303-268-2867.

DISCLAIMER

The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter.  Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by calling us as 303-268-2867 or completing a consultation request form.

Contact Us Today

Volpe Law is committed to answering your questions about Civil Litigation, Real Estate, Construction, Business Litigation, Breach of Contract, Tort Litigation, Mechanics’ Liens, and Contract Review & Drafting in Colorado.

We offer a Consultation and we’ll gladly discuss your case with you at your convenience. Contact us today to request an appointment with one of our attorneys. Appointments subject to attorney availability.

Office Location

Directions to Volpe Law

19751 E. Mainstreet, #342
Parker, CO 80138

Phone: 720-770-3457

Mon, Tue, Wed, Thu, Fri: 09:00am - 05:00pm

Also Serving Denver CO

The material on this site and on any third-party web site link included on the Volpe Law, LLC website is for informational purposes only. Nothing on this website may be construed as legal advice. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by calling us at 720-770-3457 or completing a consultation request form. Using this website, filling out any forms, or communicating with Volpe Law, LLC through this site does not form an attorney/client relationship. Your matter may be subject to time limitations. You may be barred from taking any action if you do not timely act. Using or interacting with this website does not constitute your reliance on Volpe Law, LLC to take any action to represent you or preserve any claim that you may have or may assert. Please see Terms of Use for further information.

Connect