by Brandon Ceglian, Ceglian Law
Governor Polis strikes again….issuing a new eviction order on Saturday June 13, 2020. The legislature frantically tried to extend the eviction moratorium but were unable to before the legislative session ended last week. Accordingly, Governor Polis stepped in with what appears to be his final eviction moratorium order.
This order is different in a few ways than the previous order(s):
- Requires a 30-Day Notice to Pay or Quit be served before filing an eviction (form attached). This applies to all non-payment of rent cases - for whatever reason. The previous Order restricted evictions for non-payment based on Covid related financial hardships – but this one does not have that restriction. However, given the challenges in determining a Covid financial hardship, this is actually helpful in at least providing a bright line.
- This Order does not prevent evictions for other lease violations, whereas the previous Order did. Those may proceed.
- This Order appears to clarify that the late fee moratorium was not just delayed enforcement/postponement of charging late fees, but appears to clarify that you cannot ever charge any late fees or penalties from May 1, 2020 to June 13, 2020. It is questionable whether this is constitutional, but that is a separate discussion…
- Of course with each of these Orders there are head-scratchers… There is a timing issue for strategy - The Order expires July 13, 2020 – but it says “Such 30-day notice may extend beyond the expiration of this [30-day] Executive Order.” Okay, so I read that to mean that if you served a 30 day demand next week, then the 30 days in the demand would necessarily go beyond July 13, 2020. That is easy enough, but if for example you didn’t serve a 30 day and July 1 rolls around –then calculating days the better plan is to wait for the moratorium to end on July 13th and serve a 10 day notice on the 14th (10 days later ends the 24th) rather than post a 30 day notice on July 1st (ends on the 31st). In any event, it is imperative to get these new non-payment notices served right away.
Attached below, a new form 30 Day Pay or Quit Notice. This should be used instead of a 10 day form through July 13, 2020. Though if not served until after June 23rd, it may make sense to wait until July 13 and use a 10-day instead(see above Section (4).