The decision will affect thousands of eviction cases in Colorado and brings the state in line with courts in Washington, Oklahoma and Connecticut that have also considered the issue and come to the same conclusion
would end after 120 days, it did not set a date for the 30-day advance notice requirement to end, and so the requirement is still in effect.
“We cannot insert an expiration date where Congress omitted one,” Justice Melissa Hart wrote in the 10-page opinion. “…Rather, we must presume that Congress meant what it said — although the Moratorium Provision expired, the Notice Provision did not.”in Colorado and brings the state in line with courts in Washington, Oklahoma and Connecticut that have also considered the issue and come to the same conclusion, according to the opinion.
The case came to the state Supreme Court earlier this year after the landlord at Arvada Village Apartments filed to evict a tenant after giving just 23 days’ notice. The woman fought the eviction in Jefferson County Court on the grounds that a 30-day notice was required. That judge ruled against the woman, who then brought her appeal directly to the Colorado Supreme Court.
The justices agreed to take on the case due to the urgency of the matter and because county courts across the state have issued conflicting rulings on whether landlords of federally-subsidized housing must follow the state’s 10-day notice or the federal 30-day notice, according to the opinion.
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