This is an extremely complex and ever-changing time for Colorado landlords. If your tenant stops paying rent due to COVID-19, do not panic!
In 2020, the State of Colorado through Governor Polis’ executive order put in place an eviction moratorium through December 31, 2020 which is now expired. A Federal eviction moratorium, originally introduced by the CDC, is still in place through March 31, 2021. The Federal eviction moratorium applies to residential properties only.
Can I evict a tenant right now based on non-payment of rent?
No. You cannot.
What CAN I do?
- You SHOULD be very proactive with communicating with tenants regarding rent payments. Try to understand their specific situation and whether the non-payment of rent is temporary or permanent.
- You CAN be flexible with the tenant as it relates to when the rent is paid each month. Give them some grace; allow them to pay later in the month. Consider waiving a portion of their rent if you have the financial ability to do so.
- You CAN investigate resources for Landlords and Tenants. As part of the recent COVID-19 Relief Bill, the Federal government will be providing $25 billion in rental assistance which will be pushed out through State and local governments.
- You CAN sign an amendment to the lease putting together a specific payment plan.
- You CAN serve Demand for Rent or Possession notices and other legal demand notices, if necessary. We recommend sending a ‘Balance Due’ notice at the time the tenant is initially delinquent instead going directly to a legal demand notice.
- You CAN evict for reasons other than non-payment of rent (i.e. non-monetary default).
- You CAN serve a notice of lease non-renewal. We recommend adding a paragraph in the notice stating that the non-renewal is NOT considered an eviction under the CDC Eviction Moratorium.
We’re Here for You
Each situation is a little different. If we at His House can be a resource for you, please do not hesitate to reach out! As a Greeley property management company, we’re committed to helping landlords throughout northern Colorado.