Let’s Dispel Some Myths About Evictions & COVID-19

No one knows what can happen during these crazy times.

Real Estate Attorney David Hannum goes over how evictions in Colorado are currently being handled during the pandemic.

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Hello, I’m David Hannum. I’m a real estate attorney here at Robinson & Henry. I wanna talk a little bit today about dispelling some myths that are floating around the internet and some misapprehensions that are out there regarding COVID-19 and evictions.

First and foremost, I wanna state that evictions are moving in the state of Colorado. There are some restrictions to evictions currently that restrict the type of evictions that we can bring and restrict specific types of cases where we can bring evictions. But for the most part evictions are moving.

Previously in the state of Colorado there were some orders from Governor Polis that came out that stated that there was an alright moratorium and to also change the way that evictions are handled. Now the only order out there from Governor Polis is that the evictions that have to do with failure to pay rent require a 30-day notice as opposed to a 10-day notice.

So there really aren’t many changes there with respect to eviction law in light of COVID-19.

Secondly, there used to be something called the CARES Act, there was a lot of press about. Currently the CARES Act has expired and there’s been no replacement for it, even though there was a lot of talk about Congress replacing that act, it hasn’t happened yet. So the CARES Act has expired in July and there’s no longer a moratorium on certain evictions that are federally backed mortgages in the CARES Act.

Lastly, an order came out recently from the CDC, which stated that there is a moratorium on evictions. What the order really said, when you dig down into it, where the Colorado judges have been interpreting it thus far is that there is only a moratorium on evictions for failure to pay rent.

That moratorium only extends to certain individuals who provide the court with a signed declaration stating that COVID-19 has impacted their ability to pay rent among other things. So we’re not seeing an outright ban on evictions for failure to pay rent and receiving no moratorium at all on evictions that have to do with issues outside of the failure to pay rent, such as failure to comply with other terms of lease or failure to vacate after notice to quit has been extended.

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