Originally Published Oct. 28, 2020
Updated Dec. 7, 2020
Updated Dec. 21, 2020
Updated Jan. 7, 2021
Updated Jan. 27, 2021
Updated Notice of Statewide Eviction Moratorium
On Dec. 31, 2020, Colorado’s eviction moratorium expired. Additionally, beginning Jan. 1, 2021, landlords may now provide tenants with just 10 days’ notice, instead of 30 days’ notice, before filing an eviction for nonpayment of rent or non-substantial lease violations. However, in Executive Order 307, Governor Polis extended the ban on late fees and other fees and penalties until at least Jan. 31, 2021, unless the order is extended. Therefore, under Executive Orders 223 and 307, landlords have been prohibited from charging late fees or other penalties since Oct. 15, 2020.
As of Jan. 1, 2021, the only eviction moratorium currently in place is the CDC’s Eviction Moratorium, which went into effect on Sept. 4 and has been extended through March 31, 2021, unless extended. This eviction moratorium only protects again evictions based on nonpayment of rent; it does not prohibit landlords from evicting tenants based on lease violations or lease non-renewals.
How to Claim Protection
Be aware, the CDC’s eviction moratorium does not automatically protect tenants! To be protected, you, the tenant, must sign and provide to your landlord or property manager (and the court, if you are already in eviction proceedings) a declaration stating you are experiencing financial hardship due to COVID-19. The CDC’s current declaration form lists the expiration date as Jan. 31, but its language is otherwise the same. The CDC has not yet created a new declaration form with the March 31, 2021 expiration date. The declaration form is available in English and Spanish. The CDC declaration has also been translated into many additional languages.
The requirements for the CDC’s national eviction ban have not changed. You must be able to honestly swear (under penalty of perjury) that you:
- have made “best efforts” to obtain government assistance for rent or housing,
- expect to earn no more than $99,000 (if single) or $198,000 (if filing taxes jointly), did not have to report income to the IRS in 2019, or received a stimulus check,
- are unable to pay full rent,
- are using “best efforts” to make partial rent payments,
- if evicted, would become homeless, have to go to a shelter, or have to move in with others,
- understand you still owe rent and must comply with your lease,
- understand your landlord may pursue back-rent (and possibly some fees) after the orders expire
CDC Eviction Moratorium Details
|Requires submitting declaration||Yes|
|Prevents eviction for non-payment||Yes|
|Prevents eviction for termination of lease/tenancy||Generally, no|
|Effective Dates||Sept. 4, 2020 – March 31, 2021|
|Criteria for protection||See numbers 1-7 above|
|Allows court challenges/eviction filings||Generally, yes|
|Allows late fees||Yes (but Colorado state Executive Orders prohibit late fees)|
|Requires LL to provide notice of protections||No|
We advise everyone to reach out to an attorney for advice if they have questions about whether they are protected. Please note that the state and national evictions bans do not excuse your obligation to pay rent, and you must continue paying as much rent as possible.
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