In re Arvada Village Gardens, LP v. Garate.

2023 CO 24. No. 23SA34. Forcible Entry and Detainer—Statutory Interpretation—Federal Preemption.

May 15, 2023

Before landlords may evict tenants, they must provide notice. Under Colorado law, the required notice period is 10 days. During the COVID-19 pandemic, however, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (CARES Act), which, in relevant part, requires a 30-day notice before landlords of certain covered properties may file an eviction action. Looking at the plain language of the CARES Act, the Colorado Supreme Court held that, although another provision of the CARES Act has expired, the 30-day notice provision is still in effect. Accordingly, before filing for forcible entry and detainer in Colorado, landlords of properties which are covered by the CARES Act must give 30 days’ notice of a lease violation.