Evicting a tenant is a lengthy process, and if it’s not exactly followed it can result in a case dismissal. Evicting during COVID has its own challenges, including ever-changing rules from various departments and organizations.
Evictions and real estate attorney Dylan Becker helps make sense of it all in this video segment.
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Another Eviction Barrier
Landlords trying to evict tenants based on failure-to-pay are likely to face another hurdle due to a CDC declaration.
An Unclear Proclamation
Landlords who have received such a declaration might wonder what that means for their case. Unfortunately, the CDC did not provide courts very clear guidance on how to interpret the order. That means courts will interpret it in their own ways.
How the Courts are Handling the CDC Declaration
For instance, in the first judicial district the courts are allowing an evidentiary hearing to test the veracity of the CDC declaration.
If the tenant is unsuccessful at that hearing, the landlord is can proceed with the eviction as normal.
Similarly, El Paso County is allowing under more limited circumstances, and in more of a discretionary manner, these types of evidentiary hearings, but they may be handling the eviction going forward slightly differently than the first judicial district.
Other counties may not have these evidentiary hearings at all. So, unfortunately, there’s a lot of question as to how this will proceed going forward. We are hoping to get more information from the counties in the near future.
Need Guidance Evicting During COVID?
Set up some time to speak with one of our evictions attorneys. Call 303-688-0944 to set up a case assessment, or schedule the meeting online.