LEGAL UPDATE - POLIS ORDERS AMENDED AND EXTENDED
As expected, Governor Jared Polis continued his eviction/late fee Executive Orders – luckily only a few weeks until December 31, 2020 – which tracks the conclusion of the CDC Eviction Moratorium. Crossing our fingers this is the last, but impossible to say and unlikely.
So, continue to (1) use 30-day Demands for payment; (2) serve the attached CDC/DOLA Declaration and Cover letter; (3) still no late fees to end of the year; and (3) put eviction on hold if you receive the Declaration Form and take partial payments (unless you want to contest the Declaration Form if you have strong evidence the Resident lied on the Declaration Form).
A couple of new items in this Executive Order 285:
- Expressly allows Plaintiffs to contest any Declaration forms received going forward (received after December 18, 2020), though no right to discovery – and only says a “..tenant may provide underlying documentation to support the declaration form.”
- Allows evictions under the squatters statute – which is of very limited use. Requires someone entering/residing without permission of either the Landlord or the Resident (and most often the unauthorized occupant is with permission of the Resident so this statute rarely helps)