Colorado executive order waives late fees for rent, gives tenants more time to pay

DENVER (KRDO) -- An executive order signed by Gov. Polis Saturday aims to give some relief to tenants who are struggling to pay rent because they've lost their jobs due to COVID-19.

The executive order prohibits landlords and lenders from charging late fees for any rent incurred between May 1 and June 13.

The order also requires landlords to give 30 days' notice of any default for non payment before filing action for forcible entry. During that time, the tenant will have the opportunity to cure any default. That's triple from the existing required 10 days' notice. The 30 days may extend beyond the expiration of the executive order on July 14.

Per the order, the Department of Local Affairs is required to work with landlords on rent repayment agreements to assist individuals unable to pay rent because they were impacted by COVID-19.

The governor encourages, but does not order, landlords to limit evictions for tenants who have shown an effort to make their payments or who have established repayment agreement.

"Through this Executive Order, I encourage landlords to take steps to limit evictions for tenants who have made a good faith effort to make rental payments or who have made a good faith effort to establish a repayment agreement, and I direct the Department of Local Affairs (DOLA) to work with COVID-impacted landlords and tenants to create reasonable payment
plans that allow tenants to remain in their residences while we return Coloradans to work safely," the order reads in part.

The governor clarifies that the order does not relieve an individual from their obligation to make mortgage or rent payments.