On Wednesday, October 21, 2020, Governor Polis issued an executive order (Executive Order 227) banning evictions for at least 30 days, effective immediately. This order prevents evictions based on non-payment of rent, as well as evictions based on non-renewal of leases or ending month-to-month tenancies.
How to Claim Protection
Be aware, the eviction moratorium does not automatically protect tenants! To be protected, you 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 Colorado Department of Local Affairs will create a declaration for you to use, but in the meantime, you may use this declaration provided by the CDC, which issued its own eviction moratorium on September 4.
The requirements for the state and national eviction ban are the same. 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 order expires on December 31, 2020.
If you have already submitted a CDC Declaration, you should tell your landlord (and the court, if you are already in proceedings) that you are now also claiming protection under Executive Order 227.
Differences between the CDC (National) Eviction Ban and Colorado’s State Eviction Ban
|CDC Eviction Moratorium||State Eviction Moratorium|
|Requires submitting declaration||Yes||Yes|
|Prevents eviction for non-payment||Yes||Yes|
|Prevents eviction for termination of lease/tenancy||Most likely No||Yes|
|Effective Dates||September 4, 2020-December 31, 2020||October 21, 2020-November 20, 2020 (unless extended)|
|Criteria for protection||See numbers 1-7 above||See numbers 1-7 above (“financial hardship due to Covid-19”)|
|Allows court challenges/eviction filings||For now, yes (to determine truth of Declaration)||Unknown (likely no)|
|Allows late fees||Yes||No (in conjunction with Executive Order 223)|
|Requires LL to provide notice of protections||No||Yes|
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.
Anyone needing assistance can fill out our intake form.
If you are in need of rental assistance, you may reach out to the Colorado Housing Connects hotline at 844-926-6632. Colorado’s Department of Local Affairs also lists statewide resources on its website.