The CDC has released a new order prohibiting evictions until Oct. 3.
The order applies to counties with high COVID-19 cases. While the Order is "new," it is essentially an extension of the previous CDC Order that has been in place since September 2020.
On August 3, 2021, The Centers for Disease Control and Prevention released a new eviction moratorium that will expire in 60 days, on Oct. 3, 2021. This new reinstatement bans evictions in counties that have “substantial or high levels” of COVID-19. The CDC has determined that 80 percent of U.S. counties fall into this category, and the new order applies to 90 percent of the U.S. population. In Colorado, 11 counties are exempt from this new moratorium (view map here).
For all other counties in Colorado, landlords must comply with this order. Remember that this CDC Order only applies to eviction cases based upon non-payment of rent, and tenants must still submit a signed CDC Declaration. Previously submitted Declarations are still valid, and cases on hold with a Declaration will remain on hold.
According to the Order, evictions that were completed between August 1 and August 3 (between the expiration and reinstatement of the CDC Order) are still valid. However, any evictions that were initiated during that time, but not completed, are subject to the reinstated CDC Order.
Under Governor Polis’ new Executive Order 124 (which expires Friday, August 6), landlords must serve 30-day rent demands if the tenant (or the landlord) has applied for rental assistance. If neither the tenant nor the landlord has applied for rental assistance, you can serve a 10-day rent demand. However, both rent demands must once again have the CFPB language to comply with the CDC Order (contact your attorney).
You are legally allowed to serve any type of eviction notice even if you have previously received a CDC Declaration from your tenant.
Please read the CDC Order here
Article courtesy Tschetter Sulzer, P.C.