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The CARES Act in Colorado

by | Aug 25, 2023 | Firm News |

During the global COVID-19 pandemic, Colorado had several restrictions in place for residential evictions. In response to the global pandemic, congress passed the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), which required landlords to provide a thirty (30) day notice period to certain types of tenants prior to filing an eviction proceeding. 15 U.S.C. 9058. The CARES Act expired on or around July 25, 2020.

On May 15, 2023, the Colorado Supreme Court has upheld the requirement of Landlords to give tenants in federally-subsidized housing 30 days’ notice of a lease violation before initiating an eviction proceeding. This extended the protection that was afforded to tenants in 2020.

On Monday, May 15, 2023, in In re Arvada Village Gardens, LP v. Garate, the Colorado Supreme Court upheld the requirement of Landlords to give tenants in federally-subsidized housing 30 days’ notice of a lease violation before initiating an eviction proceeding. 2023SA34 (Colo. 2023). This extended the protection that was afforded to tenants in 2020 under the now-expired CARES Act. The Court found that while the CARES Act’s moratorium on evictions ended, it did not articulate an expiration date for the 30-day advance notice requirement. Instead, the Court found that the CARES Act moratorium, which expired after 120-day period, was applicable only to the limitation of initiating an eviction proceeding and charging late fees.

Thus, landlords who rent covered properties are required to provide tenants with a thirty (30) day notice to cure. The CARES Act applies to dwellings occupied by a tenant pursuant to a residential lease or without a lease or with a lease terminable under state law and is a covered property. A covered property that participates in a covered housing program as outlined in 34 U.S.C. 12491(a) (i.e., housing protections for victims of domestic violence, dating violence, sexual assault, and stalking), a rural housing voucher program under 42 U.S.C. 1490r, has a federally backed mortgage loan, or has a federally backed multifamily mortgage loan.

Eviction proceedings are statutory in nature and require strict compliance with the notice provisions in Colorado to successfully regain physical possession of rented property. As such, it is important that if you have a non-compliant tenant that you speak with someone about the appropriate procedure to follow for your specific situation. Contact our office for assistance.

 

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