When evicting tenants in Colorado, landlords must carefully follow the rules and procedures set forth by Colorado law. Otherwise, the court can dismiss the eviction suit, allowing the tenant to remain until the landlord (properly) restarts the eviction process.
All counties in Colorado have implemented eviction moratoriums for the duration of COVID-19 some counties have a slightly different eviction process. It is best to follow up with what’s happening in your county. Coupled with this, most courts across the United States have postponed hearings on non-essential matters—including hearings on eviction and landlord-tenant matters. However, most courts are still hearing eviction matters that are based on reasons other than nonpayment of rent.
Even if there is an eviction ban in your area, tenant s are still obliged to pay rent. Depending on the agreement, landlords might be able to assess late fees, interest, or other penalties for not paying the rent on time. If you don’t think you can pay your rent due to COVID-19 related hardships, you have options, and you should consider talking with your property manager and/or landlord as soon as possible.
Disclaimer: We are not attorneys and we are not giving legal advice. For legal advice and/or questions please contact an attorney.
For a free rental estimate or to talk to a real person click this number 303‑665‑7368.
1. Can landlords charge late fees in Colorado during covid-19?
While most leases will allow for a landlord to charge late fees on late rent paid by residents, there are sometimes emergency orders or executive orders that can alter the landlords ability to do this.
2. How many days can a tenant be late on rent before a landlord can evict in Colorado?
In Colorado, the typical grace period that a resident can pay rent and have it still be considered on time is 3 days. After the 3 day grace period has expired and there’s no rent paid, the landlord can then move forward with posting the property with a 10 day demand for rent. After the 10 day demand for rent has expired, the landlord can then move forward with beginning the eviction process.
3. Can a landlord challenge the CDC eviction moratorium in a rent case?
Can a landlord challenge the CDC eviction moratorium in a rent case? It honestly depends on the county that your property is located in, as well as the judge. We have seen that the courts are taking a pretty heavy tenant approach which has caused much frustration among property management attorneys, property managers and landlords alike.
4. Will the CDC eviction moratorium be extended in Colorado in February 2021?
Will the CDC eviction moratorium be extended in Colorado? The answer is yes. It was originally set for January 31st 2021, and now is has been extended to March 31st 2021. It is most likely that its going to be extended again.
