CRITICAL EVICTION UPDATE - POLIS ISSUES ORDER REQUIRING NOTIFICATION OF CDC ORDER
Date postedSeptember 25, 2020
Governor Polis issued an order on 9.22.20 that now requires landlords to provide residents up for eviction a copy of the attached “TO SERVE” CDC Order and the Declaration Form, prior to initiating or filing an eviction. The Governor’s Order does not distinguish between the need to provide to residents under monetary evictions or otherwise – the notification requirement applies to all evictions, irrespective of whether the CDC Eviction Order actually applies to them.
- The requirement is to deliver the CDC Order and Declaration Form to residents prior to initiating and filing an eviction. Note that this new Polis Order NOW specifically states that initiating and filing eviction includes “any demand for rent.” Accordingly, going forward at least for the next 30 days, unless extended – and it likely will be extended-, you must deliver the DCC Order and Declaration Form to any residents you are needing to send an eviction demand notice to – either prior to serving the money demand or by serving with the money demand. For all other evictions, it appears that you don’t need to serve with the Quit or Comply Demand and just need to serve these notices with or prior to the eviction lawsuit itself. I would say email if you can so you have a record, or otherwise add a note on the money demand (or if served with other Notice/Demand) at the bottom Return of Service that you also served these two documents.
- There is no requirement as to how you notify the residents up for eviction of this – so delivery by email, mail, fax, posting, or hand delivery all appear acceptable.
- The Governor’s Order also continues the money demand requirement to provide minimum 30-day cure notices (instead of 10-days) for residential and commercial properties (which likely will continue to be extended through 2020).
Brandon Ceglian,
Law Offices of Ceglian Law
brandon@ceglianlaw.com