Questions – and answers – on residential evictions



Tim whitney

There are a lot of questions about residential evictions in Colorado.

Can you evict a tenant who does not pay rent? Do you have to give more than 10 days notice before the eviction? Can a tenant be charged late fees? Can a tenant’s utilities be cut off if bills aren’t paid? Does the government still have funds to help a tenant who is behind on rent or utility payments? The short answer to all these questions is yes.

The COVID-19 pandemic protections provided to tenants nationwide through the Centers for Disease Control and Prevention’s eviction moratorium ended on August 26 following a Supreme Court ruling. United States overturning CDC deportation ban.

In Colorado, eviction decrees have all expired except for an amended and extended Governor Jared Polis on September 4.

Based on the Governor’s Amended Executive Decree D 2021 122, owners must provide eligible persons with 30 days’ notice of any default on or after March 10, 2020 before initiating or filing a forced entry action. and detention. Such a 30-day notice may be extended beyond the expiration of this decree. During this 30-day period, eligible persons will have the opportunity to remedy any payment default.

Eligible individuals are those who can demonstrate that they have submitted an application for their rental property or that the landlord has submitted an application for their specific rental property to the state or any locality for emergency rental assistance. good faith and that their requests were not refused.

Homeowners can also collect late fees, and utility companies can shut down services if bills are not paid.

The good news for tenants and landlords is that the state still has funds to help pay for rent and utilities. Congress has allocated about $ 46.5 billion in stimulus funds, but the federal government has been slow to send funds earmarked for this purpose.

Finally, it appears that the rules on residential evictions will remain a moving target for the time being. Consult your legal advisor before proceeding.


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