Common Misconceptions about Eviction Protection Laws

Common Misconceptions about Eviction Protection Laws

If you manage investment rental properties in Colorado, it is now more important than ever to stay up-to-date on eviction protection laws.

This field is constantly evolving and, as the pandemic-era moratorium on evictions showed us, everything can change at the drop of a hat. Whether you are new to managing rental properties or a seasoned professional landlord, it pays to stay up to date on eviction protection laws.

If you're active in Denver property management, here are some of the most widespread myths around this topic that we are here to debunk. 

Myth 1: Eviction Protection Doesn't Cover "No Cause"

This is one of the most pervasive myths around eviction protection in Denver. Put simply, "no cause" evictions are not permitted in the state of Denver, period.

Whether it's a fixed-term lease or a periodic rental agreement, the landlord must have just cause before terminating that agreement.

Usually, this is defined as:  

  • Failure to pay rent.
  • Violation of lease.
  • Dangerous or criminal behavior.

This means that you cannot evict a tenant before their lease expires because you wish to renovate or find a new use for the property. For this, you must wait until the lease period is expiring and provide plenty of notice. 

Myth 2: Late Fees Can Be Charged Immediately

In some states, you can charge late fees the day after a rental payment deadline has been missed. However, that's not how things work with Denver eviction protection laws.

You must always wait seven calendar days after rent is due before you can charge a late fee. What's more, those fees must be capped at $50 or 5% of the tenant's outstanding rent balance - whichever is higher. 

Myth 3: You Can Evict if Late Fees Are Not Paid

This one relates to recent changes in Colorado's laws surrounding renters. While it was once possible to evict a tenant that refused to pay late fees, this is no longer the case.

No matter how many late fees are missed, this alone does not constitute just cause for eviction.

While you can continue to charge late fees for missed rent payments, you can no longer initiate eviction proceedings solely for this reason. 

Myth 4: Tenants Must Pay Missed Rent Within 10 Days

Another big change in Colorado rental laws is the extension of the grace period for guaranteed payments.

The old 10-day "cure" period, which describes the time that the tenant has to make the missed payment before eviction proceedings begin, has been scrapped.

According to these Fort Worth property managers now, the tenant can choose to pay the rent at any time before the court orders possession of the property. This applies to all residential agreements in the state of Colorado. 

We Stay Up to Date, So You Don't Have To 

Eviction protection laws are constantly shifting, especially here in Colorado. However, that doesn't mean that you have to get caught out.

By choosing a highly professional, well-resourced property management service like Mavi Unlimited, you don't have to worry about not knowing the full letter of the law.

Our team is constantly on top of the laws that apply to you and your property, and will always act in full compliance. To find out more about how we can manage your property, do not hesitate to get in touch today. 

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