EVICTION RESOURCES

Tenants, you cannot legally be evicted from your home unless your landlord gets a court order, even if you have not been able to pay rent. You have the right to file an answer and go to court.


Landlords, it is illegal to use self-help to remove tenants (e.g., changing locks, turning off utilities, harassment, or intimidation).

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LEARNING OPPORTUNITIES

 

COVID-19 HOUSING INFORMATION

Scroll down to Nationwide Info for information about the Centers for Disease Control (CDC) temporary halt in residential evictions through the end of 2020. Please note that tenants must pay as much rent as they can during this temporary halt period and that late-payment and other fees, penalties, and interest can still be charged and accrue during this time period.

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NATIONWIDE INFORMATION

Effective September 4, 2020 the Centers for Disease Control (CDC) issued a temporary halt in most residential evictions for nonpayment of rent through the end of 2020 to prevent the further spread of COVID-19. Please note that tenants must pay as much rent as they can during this temporary halt period and that late-payment and other fees, penalties, and interest can still be charged and accrue during this time period.

STATEWIDE INFORMATION

On August 26, 2020, Governor Polis issued Executive Order B2020 006 to establish a temporary Special Eviction Prevention Task Force with the Department of Local Affairs to examine housing instability and work to prevent evictions due to COVID-19 hardship. Findings are due within 30 days.

 

NATIONWIDE COVID-19 HOUSING INFORMATION

Effective September 4, 2020 the Centers for Disease Control (CDC) issued a temporary halt in most residential evictions for nonpayment of rent through the end of 2020 to prevent the further spread of COVID-19.

Please note that tenants must pay as much rent as they can during this temporary halt period and that late-payment and other fees, penalties, and interest can still be charged and accrue during this time period.

A Statement from the National Low Income Housing Coalition calls for a national COVID-19 relief bill with at least $100 billion in emergency rental assistance. They state that “Together with a national eviction moratorium, this assistance would keep renters stably housed and small landlords able to pay their bills and maintain their properties during the pandemic.”


Some excerpts from the CDC Order:

“Under this Order, a landlord, owner of a residential property, or other person with a legal right to pursue eviction or possessory action, shall not evict any covered person from any residential property in any jurisdiction to which this Order applies during the effective period of the Order. This Order does not apply in any State, local, territorial, or tribal area with a moratorium on residential evictions that provides the same or greater level of public-health protection than the requirements listed in this Order.”


“This Order is a temporary eviction moratorium to prevent the further spread of COVID-19. This Order does not relieve any individual of any obligation to pay rent, make a housing payment, or comply with any other obligation that the individual may have under a tenancy, lease, or similar contract. Nothing in this Order precludes the charging or collecting of fees, penalties, or interest as a result of the failure to pay rent or other housing payment on a timely basis, under the terms of any applicable contract.”


DECLARATION UNDER PENALTY OF PERJURY FOR THE CENTERS FOR DISEASE CONTROL AND PREVENTION’S TEMPORARY HALT IN EVICTIONS TO PREVENT FURTHER SPREAD OF COVID-19


This declaration is for tenants, lessees, or residents of residential properties who are covered by the CDC’s order temporarily halting residential evictions (not including foreclosures on home mortgages) to prevent the further spread of COVID-19. Under the CDC’s order, you must provide a copy of this declaration to your landlord, owner of the residential property where you live, or other person who has a right to have you evicted or removed from where you live. Each adult listed on the lease, rental agreement, or housing contract should complete this declaration. Unless the CDC order is extended, changed, or ended, the order prevents you from being evicted or removed from where you are living through December 31, 2020. You are still required to pay rent and follow all the other terms of your lease and rules of the place where you live. You may also still be evicted for reasons other than not paying rent or making a housing payment. This declaration is sworn testimony, meaning that you can be prosecuted, go to jail, or pay a fine if you lie, mislead, or omit important information.

I certify under penalty of perjury, pursuant to 28 U.S.C. 1746, that the foregoing are true and correct:

  • I have used best efforts to obtain all available government assistance for rent or housing;

  • I either expect to earn no more than $99,000 in annual income for Calendar Year 2020 (or no more than $198,000 if filing a joint tax return), was not required to report any income in 2019 to the U.S. Internal Revenue Service, or received an Economic Impact Payment (stimulus check) pursuant to Section 2201 of the CARES Act;

  • I am unable to pay my full rent or make a full housing payment due to substantial loss of household income, loss of compensable hours of work or wages, lay-offs, or extraordinary out-of-pocket medical expenses;

  • I am using best efforts to make timely partial payments that are as close to the full payment as the individual’s circumstances may permit, taking into account other nondiscretionary expenses;

  • If evicted I would likely become homeless, need to move into a homeless shelter, or need to move into a new residence shared by other people who live in close quarters because I have no other available housing options.

  • I understand that I must still pay rent or make a housing payment, and comply with other obligations that I may have under my tenancy, lease agreement, or similar contract. I further understand that fees, penalties, or interest for not paying rent or making a housing payment on time as required by my tenancy, lease agreement, or similar contract may still be charged or collected.

  • I further understand that at the end of this temporary halt on evictions on December 31, 2020, my housing provider may require payment in full for all payments not made prior to and during the temporary halt and failure to pay may make me subject to eviction pursuant to State and local laws.


I understand that any false or misleading statements or omissions may result in criminal and civil actions for fines, penalties, damages, or imprisonment.

 

STATEWIDE COVID-19 HOUSING INFORMATION

On August 26, 2020, Governor Polis issued Executive Order B2020 006 to establish a temporary Special Eviction Prevention Task Force with the Department of Local Affairs to examine housing instability and work to prevent evictions due to COVID-19 hardship. Findings are due within 30 days.

The Special Eviction Prevention Task Force consists of:

  • Chris Romer of Denver, Colorado

  • Skippy Leigh Upton Mesirow of Aspen, Colorado

  • Andrew Feinstein of Denver, Colorado

  • Rachel Friend of Boulder, Colorado

  • Ty L. Coleman of Alamosa, Colorado

  • Jennifer Kermode of Gunnison, Colorado

  • Jennifer Linda Rodgers of Denver, Colorado

  • Beatriz Gonzalez of Broomfield, Colorado

  • Paul Newell of Greenwood Village, Colorado

  • Leanne Denise Wheeler of Aurora, Colorado


These members will collaborate closely with the Department of Local Affairs’ Division of Housing, the Strategic Housing Working Group (see Affordable Housing), and the Governor’s office, and will focus on addressing landlord and tenant relations, improving methods for connecting Coloradans to key services, alleviating financial hardships facing Coloradans due to COVID-19, while boosting capacity of existing housing resources and organizations.

 
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