CARES Act Properties in Colorado: What Landlords Need to Know Before Filing an Eviction

For Colorado landlords, one of the most common reasons an eviction case is delayed — or dismissed entirely — is failure to properly identify whether a rental property is covered under the CARES Act.

Many landlords are surprised to learn that federal requirements may still apply to their property years after the COVID-19 emergency period ended. Understanding CARES Act coverage is now a critical first step before filing an eviction in Colorado.

This guide explains what CARES Act properties are, how they affect eviction filings, and what Colorado landlords must do to remain compliant.

What Is a CARES Act Property?

The Coronavirus Aid, Relief, and Economic Security (CARES) Act, passed in 2020, placed temporary eviction protections on certain federally backed rental properties. While the nationwide eviction moratorium expired, important notice requirements remain in effect permanently for covered properties.

A rental property is considered a CARES Act property if it:

Participates in a federal housing assistance program, or
Has a federally backed mortgage loan

Key fact: Some estimates show that over 70% of all mortgages are federally backed and would be considered CARES Act properties. This distinction matters because Colorado courts increasingly expect landlords to verify CARES Act status before proceeding with eviction filings.

Why CARES Act Status Still Matters in Colorado

Today, the most important remaining CARES Act requirement is a mandatory 30-day notice to vacate for nonpayment of rent on covered properties.

This means that even though Colorado law may allow shorter notice periods depending on the circumstances, the federal 30-day requirement overrides state timelines when applicable. Colorado Court Help accounts for this 30-day notice automatically when you indicate your property has a federally backed mortgage.

Properties Commonly Covered Under the CARES Act

Many landlords unknowingly own covered properties. Common examples include:

Properties financed through Fannie Mae or Freddie Mac
FHA-insured loans
VA-backed mortgages
USDA rural housing loans
Section 8 or housing voucher properties
Low Income Housing Tax Credit (LIHTC) developments

Even small landlords with a single rental property may fall under CARES Act requirements if their financing is federally backed.

How Colorado Landlords Can Check CARES Act Coverage

Before filing an eviction, landlords should confirm their mortgage status using available federal lookup tools.

Verification steps:
• Review loan documentation from purchase or refinance
• Confirm whether the mortgage is federally backed
• Check participation in housing assistance programs
• Document verification results for court records
• Use the Fannie Mae Loan Lookup Tool to check if your loan is backed by Fannie Mae

Maintaining proof of verification helps prevent tenant challenges during eviction hearings.

CARES Act Notice Requirements vs. Colorado Notice Requirements

Colorado law allows shorter demand periods depending on lease violations or nonpayment circumstances. However, federal CARES Act rules override state timelines when applicable.

If CARES Act coverage applies:

Landlords must provide at least 30 days' written notice before filing eviction for nonpayment
Late fees and penalties may be restricted under certain program rules
Notices must clearly state the termination timeline

Important: Failure to follow federal notice requirements can invalidate an otherwise proper eviction filing — even if you followed Colorado's state notice requirements correctly.

Common Mistakes Landlords Make

Colorado courts frequently see eviction delays caused by:

Assuming CARES Act rules no longer apply — The moratorium ended, but the notice requirements did not
Using standard demand notices on covered properties — A 10-day notice is insufficient for CARES Act properties
Filing immediately after rent default — The 30-day notice period must be observed first
Failing to verify mortgage backing — "I don't think my loan is federally backed" is not documentation
Lack of documentation showing compliance — Courts expect proof that you verified and followed the requirements

These mistakes often result in additional filing fees, lost time, and starting the entire process over.

Best Practices Before Filing an Eviction

Colorado landlords should complete the following checklist before filing:

Pre-filing checklist:
• Confirm CARES Act applicability for your property
• Verify your mortgage backing status using federal lookup tools
• Select "Federally Backed Mortgage" in Colorado Court Help if applicable — this ensures the correct 30-day notice is generated
• Retain documentation of your verification and compliance
• Verify tenant and lease information is accurate
• Use Colorado Court Help to generate and manage eviction paperwork with the correct notice periods

Taking these steps before filing significantly reduces dismissal risk.

Final Thoughts for Colorado Landlords

The CARES Act continues to influence eviction procedures in Colorado, even years after its passage. Courts expect landlords to understand and comply with federal notice obligations when applicable.

Before filing an eviction, confirming whether your property qualifies as a CARES Act property is one of the most important steps you can take to avoid costly procedural setbacks.

Colorado Court Help assists landlords by helping ensure eviction filings meet both Colorado and federal procedural requirements, reducing delays and improving case outcomes.

Need help preparing an eviction filing? Proper notice and documentation are critical. Colorado Court Help guides you through the whole process — including CARES Act compliance — for a flat $99 fee.