Colorado Supreme Court Finds CARES Act Eviction Notice Rule is Still in Effect

On May 15, 2023, the Colorado Supreme Court held that even though the eviction moratorium of the Act has expired the Coronavirus Aid, Relief and Economic Security (CARES) Act’s 30-day notice before eviction requirement is still in effect for covered properties, preempting Colorado’s 10-day notice requirement. 

The Colorado Supreme Court reasoned that the CARES Act’s notice provision is still in effect and as a result, it preempted Colorado’s ten-day-notice provision.  The court reasoned that the CARES Act’s March 27, 2020, expiration date did not apply to its notice provision because it was contained within the eviction moratorium provision, chambering its application to only the moratorium while leaving the Act’s other provisions operative.  The opinion is consistent with other state courts that have addressed this issue.