Legal power for state to prevent evictions

[FromMyColdDeadHand]

So Polis has said that he is putting a moratorium on evictions. Exactly what power does he have to do this? I believe that the government during a pandemic does have a lot of powers, mainly coming out of the department of health and those kinds of regulations. The ability to get into financial transactions doesn?t seem to me to be some thing with in that set of powers.

I know in Italy, where I have a buddy, they just close the courts so that evictions can?t move forward. I can see how a sheriff would say that he is not going to perform evictions, though I assume under a court order he could be forced to. I was just wondering if anyone here knew what the legal rationale and authority for this was, especially since Polis said that he originally did not have the power to do this.

Not really looking for should he do this more for what is the legal pathway for him to actually do it.

[Hummer]

I would like to hear opinions from the attorneys on the forum. I doubt the governor can abrogate the terms of rental contracts. In Boulder County, the chief judge ruled a moratorium on the processing of evictions until June 1, and the courts are currently closed. These actions are sure to create a huge backlog of eviction cases, not to mention the backlog of criminal and civil cases. We're also plaintiffs in a 3+ year federal civil case and the trial date is now postponed from June to December.

When the Boulder judge's eviction moratorium was announced my tenants stopped paying rent, and uncharacteristically they have failed to make arrangements to pay. I know they have income. By May 20 they will be delinquent $4920, not including late fees which I've never charged. The rental is part of my retirement income and it's precious little after maintenance costs, taxes and insurance. The government is offering nothing as we have no FHA or other loans. As far as I'm concerned any actions by the state and the courts that denies me remedy constitutes an unconstitutional taking by the state.

While I'm open to making some concession, a $5K or $10K loss is not acceptable. What is one to do?

[crays]

While I can offer you no power of recourse for your situation, I will commiserate with you in your pain. Colorado is absolutely horrible regarding landlord/tenant rights in the best of times.


If I were going to steal someone's house, I would do it in Colorado. This pooch was screwed a long time ago, and it has never been fixed

Best of luck to you in resolving your issue.

Sent from somewhere...

[O2HeN2]

Blocking evictions is right out of the socialist playbook. gunfreezone.net (a pro-gun site) just had a post on this, that sounds eerily similar to Hummer's situation:

https://gunfreezone.net/landlording-under-socialism/

O2

[bczandm]

The rental is part of my retirement income and it's precious little after maintenance costs, taxes and insurance. The government is offering nothing as we have no FHA or other loans. As far as I'm concerned any actions by the state and the courts that denies me remedy constitutes an unconstitutional taking by the state.

While I'm open to making some concession, a $5K or $10K loss is not acceptable. What is one to do?

Polis and the State of Colorado are simply transferring the loss of income from your tenant to you. Clearly since you own the property and the tenant does not you are the wealthy guy in the transaction, therefore you don't need the income. If YOU become homeless and your tenant lives in your property so be it, the State could care less. I have two rental properties and have good tenants, but when I heard this I couldn't believe what I was hearing. Denying a property owners right to use/rent property they own is total BS, I don't care what any other state is doing (30 other states have some form of this order). Every property owner should be outraged at this. I suspect that the only thing you can do is try to get some agreement in place with the tenant or get an attorney to be ready the day evictions are allowed again.

[Irving]

Even if they pay you all the rent in a lump sum, with fees, I'd evict them as soon as I could. Aren't they your neighbors as well? I'd be furious. I can't even give any realistic advice because I'm so mad reading this. Also because I don't know anything helpful.

[FoxtArt]

While I have not read the amended executive order, news reports it is through the end of May. It is likely that State courts will oblige him and will push off the hearing for any F.E.D. case on their docket; I would bet some counties still let you file one., I don't think any court would dismiss one. At a glance, it is a moratorium, it is not a free rent. So remind your tenants that if they're not paying this month or next, all the back rent will still be owed, there's no free lunch, they still get kicked out. And evictions on their history sure makes it harder to rent another place.

As far as "can he", he did. Nothing is going to stop it. As far as constitutionality, I doubt he has the authority (it seems outside the reach of the broad power of public health imho) but some courts might accept an argument of homelessness risks somehow falling under the reasonableness standard. At any rate, even if you spent $75,000 to challenge it, by the time you won it would long be moot anyway (ironically they may not even hear it), and you'd be on the hook for all costs regardless, so I don't foresee a challenge.

Not an attorney, hire an attorney for legal advice. I have had to evict before - it's quite shit everywhere tbh. At least we're not rent controlled -yet- but that's coming soon to a city near you.

[crays]

Here we go again.

Sent from somewhere...

[crays]

Don't worry. I'm not doing it...


But now everyone knows.

Sent from somewhere...

[VDW]

Maybe you can just tell the county that you?re not going to pay your rental fees (taxes) until your tenants are forced to? That would seem like a reasonable way the government could alleviate some of your suffering.



I completely sympathize with your plight and wish you the best. However, it seems the current powers that be could really care less about people like you. Getting a case like yours showcased by a news organization might be your only realistic shot at a resolution by governmental agencies.