On August 26, 2021, the United States Supreme Court overturned the Biden Administration's Eviction Moratorium. The limited moratorium was originally scheduled to end October 3, 2021, and applied to all residential tenants in the US who provide a sworn CDC Declaration or similar document claiming to be a "covered person" as defined by the CDC.

However, as of August 26, 2021, the federal eviction moratorium is no longer valid.  A Landlord is now entitled to proceed with eviction for nonpayment, subject to the restrictions of Colorado's Executive Orders (see below).
If you have an expired demand for payment that complies with the state restrictions and have not accepted any payment since it was served, you are now permitted to submit the demand to our office for processing. If you have an eviction case that was previously stopped due to receipt of a Declaration and no money has been accepted since the proper demand was served, please contact our offices for further discussion on how best to proceed.

New Colorado Executive Order as of September 4, 2021 (EO D 21-129)
On Saturday 9/4/21, Governor Polis once again amended and extended Executive Orders 21-122, 124 and 125 to continue to require Landlords to serve 30-day Demands for Payment for certain tenants together with DOLA resources. The full text of EO 21-129 can be found here: D 2021 129 Disaster Recovery Amendment and Extension

With regard to residential landlords, Polis extended the requirement that residents who have submitted an application for governmental assistance (such as ERAP) and who have not been denied must be served with a 30-day Demand for Rent or Possession (rather than the statutory 10-day demand). No landlord may file or initiate an eviction action until the tenant has been provided with the required DOLA resources found at this link: FAQs for Tenants English y Español 8.9.21

EO 21-129 is set to expire 30 days from Sept 4, 2021 (unless further extended by the Governor).

ERAP (state) rental assistance is still available for Landlords and Tenants

https://cdola.colorado.gov/rental-mortgage-assistance

Under current ERAP guidelines, a Landlord is entitled to receive:Past due rent (up to 12 -15 months, depending on who you ask)Future rent (up to 2-3 months, depending on who you ask)Late fees up to $50 per month, if permitted under your lease (must be on the ledger)do NOT believe case workers who claim you must waive all of them. Utilities owed to the Landlord under the lease (must be on the ledger)If an eviction is in process, ERAP will not pay the outstanding legal fees and costs. However, you are not required to waive them to get ERAP funds. That is up to you. You are not required to dismiss an ongoing eviction for nonpayment unless and until you RECEIVE the ERAP funds for those months. (Do NOT believe a case worker who tells you otherwise.)

The United States Supreme Court has blocked the CDC eviction moratorium.

Here are some quotes from the Court's opinion:

....it is a stretch to maintain that §361(a) gives the CDC the authority to impose this eviction moratorium.

....

The equities do not justify depriving the applicants of the District Court’s judgment in their favor. The moratorium has put the applicants, along with millions of landlords across the country, at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recovery. Despite the CDC’s determination that landlords should bear a significant financial cost of the pandemic, many landlords have modest means. And preventing them from evicting tenants who breach their leases intrudes on one of the most fundamental elements of property ownership—the right to exclude.

....

It is indisputable that the public has a strong interest in combating the spread of the COVID–19 Delta variant. But our system does not permit agencies to act unlawfully even in pursuit of desirable ends. Cf. Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 582, 585–586 (1952) (concluding that even the Government’s belief that its action “was necessary to avert a national catastrophe” could not overcome a lack of congressional authorization). It is up to Congress, not the CDC, to decide whether the public interest merits further action here.

....

If a federally imposed eviction moratorium is to continue, Congress must specifically authorize it.

The majority opinion was unsigned. The dissent was written by Justice Breyer, who was joined by Justices Sotomayor and Kagen. As more information becomes available, we will be sure to share it with you.

Resource: National Associate of Residential Property Managers

When did the CDC Eviction Moratorium Order start?

On September 4, 2020, the CDC issued this Order to temporarily halt residential evictions of covered persons for nonpayment of rent. CDC is not able to help individual tenants or landlords in eviction actions.

Are you a landlord? Do you have questions about the Executive Order? To talk to a real person click this number (303) 710-8167

How does the CDC Eviction Moratorium Order work?

On September 1, 2020, the Centers for Disease Control and Prevention (CDC) issued an eviction moratorium for nonpayment of rent for certain renters until the end of the year. The order is written to be effective when it is formally entered into the Federal Register on Friday, September 4, 2020.

Who does the eviction order apply to?

The order applies to renters who swear under penalty of perjury that the following are true:

• The individual has used best efforts to obtain all available government assistance for rent or housing;
• The individual either (i) expects to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), (ii) was not required to report any income in 2019 to the U.S. Internal Revenue Service, or (iii) received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;
• The individual is unable to pay the full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, a lay-off, or extraordinary out-of-pocket medical expenses;
• The individual is using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses; and
• Eviction would likely render the individual homeless— or force the individual to move into and live in close quarters in a new congregate or shared living setting— because the individual has no other available housing options.

Are there other provisions?

• The written affirmation by the tenant must be signed under penalty of perjury by all adults on the lease and given to the landlord.
• The order does not affect the ability of a landlord to evict for reasons other than non-payment of rent or the ability to charge late fees for unpaid rent.
• The order does not relieve the renter of the obligation to pay rent or adhere to the lease.

Governor Polis signed Executive Order 125 on Friday, August 6, extending his previous EO 124 another 30 days, and requiring landlords to provide tenants with an updated list of DOLA FAQs. This newest order expires on September 5, 2021.

Please read EO 125 here.

To summarize:

1. EO 125 requires landlords to serve 30-day rent demands if either the tenant or the landlord has a pending application for rental assistance.
2. EO 125 allows landlords to serve 10-day rent demands ONLY IF neither the tenant nor the landlord has a pending application for rental assistance.
3. EO 125 requires landlords to provide updated DOLA FAQS for any notice served to a tenant.
4. Rent demands with CFPB disclosure are still required (to comply with the reinstatement of the CDC Order).

On August 3, 2021, The Centers for Disease Control and Prevention released a new eviction moratorium that will expire in 60 days, on Oct. 3, 2021. This new reinstatement bans evictions in counties that have “substantial or high levels” of COVID-19. The CDC has determined that 80 percent of U.S. counties fall into this category, and the new order applies to 90 percent of the U.S. population. In Colorado, 11 counties are exempt from this new moratorium (view map here).

For all other counties in Colorado, landlords must comply with this order. Remember that this CDC Order only applies to eviction cases based upon non-payment of rent, and tenants must still submit a signed CDC Declaration. Previously submitted Declarations are still valid, and cases on hold with a Declaration will remain on hold.

According to the Order, evictions that were completed between August 1 and August 3 (between the expiration and reinstatement of the CDC Order) are still valid. However, any evictions that were initiated during that time, but not completed, are subject to the reinstated CDC Order.

Under Governor Polis’ new Executive Order 124 (which expires Friday, August 6), landlords must serve 30-day rent demands if the tenant (or the landlord) has applied for rental assistance. If neither the tenant nor the landlord has applied for rental assistance, you can serve a 10-day rent demand. However, both rent demands must once again have the CFPB language to comply with the CDC Order.

You are legally allowed to serve any type of eviction notice even if you have previously received a CDC Declaration from your tenant.

Please read the CDC Order here.

On Thursday, July 8, Governor Polis announced he was lifting Colorado’s health emergency orders, ending many of his executive orders he enacted because of the COVID-19 pandemic. However, when it comes to rental assistance, Polis has kept his executive order (and its three extensions) regarding landlord-tenant issues. In EO-122, landlords must still serve 30-day rent demands instead of 10-day demands, in addition to providing the DOLA FAQs to tenants with every type of eviction notice. This order is set to expire July 31, the same day as the CDC says its eviction moratorium will expire.

Please read EO-122 here.

Landlords will be able to serve 10-day demands for non-payment of rent beginning August 1.

Disclaimer: We are not attorneys and we are not giving legal advice. For legal advice and/or questions please contact an attorney.

Governor extends 30-day rent demand requirement. What you need to know about the new executive order, HB-1121, and SB-173

Today, Governor Polis announced Executive Order 120, extending for the third time the requirement for landlords to serve 30-day rent demands instead of 10-day rent demands. In addition, the new order keeps EO-110 in effect, which requires landlords to serve the DOLA FAQs with every type of eviction notice. The new order expires July 30 (30 days from June 30), the day before the CDC’s eviction moratorium is set to expire.

Please read EO-120 in its entirety here.

Meanwhile, on Friday, June 25, Governor Polis signed two bills, HB-1121 and SB-173, into law.

Both laws will significantly change the landscape for landlords and the rental industry. For starters, HB-1121 extends the time period from when a judge issues a writ directing a sheriff to evict a tenant to 10 days from judgment, when it used to be 48 hours.

This means that tenants have at least 10 days in the property after a judgment enters (there is still a 48-hour time period between the judgement entering and the writ issuing).

The bill also limits landlords to increasing rent only once per year, including month-to-month rentals.

The big takeaway: HB-1121 has already taken effect. This law has changed the way eviction proceedings take place.

Meanwhile, SB-173 is effective on October 1, 2021. SB-173 has various changes, including capping late fees at $50 or 5 percent of a tenant’s rent, while also not allowing landlords to charge those late fees until seven days past the rent due date.

The big takeaway: Landlords have until October 1, 2021 to change their leases in order to comply with this new law.