Colorado governor issues new order to delay evictions

Hours before Colorado’s moratorium on evictions and foreclosures was to expire at midnight Saturday, Gov. Jared Polis issued a new and much more limited order.

Colorado landlords must provide tenants with 30 days’ notice “of any default for non-payment before initiating or filing action for forcible entry and detainer,” the new order reads. The normal rule calls for 10 days’ notice. That effectively delays new eviction filings for another month, but this order is not an outright eviction moratorium, as he previously ordered during the coronavirus pandemic.

Polis has directed the state Department of Labor Affairs to “work with landlords to implement … rent repayment agreements” devised by the department in cases in which a renter is unable to make rent due to coronavirus-related financial hardship.

The order also prohibits landlords and lenders from charging late fees that may have been incurred for payments due between May 1 and June 13.

“Nothing in this Executive Order shall be construed as relieving an individual from their obligation to make mortgage or rent payments,” the order reads.

The Colorado legislature earlier this week considered extending the state’s eviction moratorium, possibly through October, but that plan failed in the state Senate.