Governor Extends 30-day Rent Demands Through June 30 and Adds New Requirement

On Tuesday, June 1, 2021, Governor Polis signed  EO 110, which extends the previous EO 88 and EO 105 for another 30 days. This means that between now and July 1, landlords must keep serving 30-day rent demands instead of 10-day rent demands. There is also a new requirement that before an eviction is filed, landlords must provide tenants with a ten page DOLA FAQ.  This applies for all eviction cases, not just rent cases.

Summary of Executive Order D2021-110 (EO110)

• Signed June 1
• Is effective for 30 days 
• Expires July 1, 2021
• Extends EO88 and EO105 for 30 days
• EO88 required landlords to serve 30-day rent demands rather than 10-day rent demands.
• From April 20th through July 1 landlords must serve 30-day rent demands when serving tenants for rent defaults 
• Additional Requirements have been added, before starting any eviction, Landlords have to provide a copy of the DOLA FAQ. This can be e-mailed, mailed, hand delivered, or posted to the tenant.
• The DOLA FAQ should be served with all eviction notices.  If you have already served an eviction notice, serve the DOLA FAQ now.
• The service of the DOLA FAQ applies to all evictions, not just non-payment of rent.
• These requirements do NOT apply to commercial tenants, only residential.
• The 30-day requirement only applies to rent cases, it does not apply to non-monetary notices, except for Weld County.

This means that between now and July 1, landlords must keep serving 30-day rent demands instead of 10-day rent demands. There is also a new requirement that before an eviction is filed, landlords must provide tenants with a ten page DOLA FAQ.  This applies for all eviction cases, not just rent cases.

Our Recommendations and Analysis

Scenario #1: Tenant Defaulted on May Rent – 30-Day Rent Demand Already Served 
 
Landlords should have already served 30-Day Rent Demands for May rent defaults either after May 3 or May 5. These 30-Days are still valid and can be used to commence an eviction for all tenants who have not cured by the time they expire in early June.  However, you also must serve the tenant’s with a copy of the DOLA FAQ.   Accordingly, if you served a May 30-Day, do not re-serve a June rent demand, only serve your tenant with the DOLA FAQ. Complete the DOLA FAQ return of service page one of DOLA FAQ, if your tenant did not cure you can file on the May 30-Day rent demand. 

Scenario #2: Tenant Defaulted on May Rent or June Rent– No Rent Demand Served Yet
 
For Tenants In Default Right Now Who Have Not Previously Been Served a Demand: Our advice would be to immediately serve them with a 30-Day rent demand along with the DOLA FAQ and be sure to complete the Return of Service for the FAQ.
 
IMPORTANT NOTE: All rent demands are required to have the Consumer Financial Protection Bureau disclosure language.  This language should be prominently displayed at the top of the rent demand.  See our 30-Day Rent Demands.  To avoid issues, we strongly recommend using the TS Rent Demand Form.

Additional resources below: 

• Again for current complying rent demands see: 30-Day Rent Demand with CFPB Disclosure
• EO 110
• DOLA FAQ