During this coronavirus pandemic, a simple task of paying rent can be a challenging juggle, but as of yet Longmont housing providers have not seen a large influx of rent nonpayment.
Although places like the Bar L Motel, who sees long-term renters, are enforcing strict payment or eviction; small businesses are now facing more of an eviction threat than residential evictions.
“The housing provider has a contract, just like one would have a contract to pay for a car. If the tenant doesn't pay what they owe on the contract, the housing provider has the rights. Their only remedy is to go to court and get a judgment. There's nothing [laws] for these kinds of strange circumstances,” said Susan Spaulding, Community Relations Specialist with the City of Longmont.
Spaulding works in the Community and Neighborhood Resources department which offers Longmont Mediation Services. These services assist housing providers and tenants in making arrangements if a dispute reaches the need for mediation. The mediation process gives all parties the opportunity to discuss their viewpoint and to find possible solutions in order for both parties to seek a mutually agreeable resolution in writing.
“We're not having an extraordinary number of people call our office. In the beginning, I had several housing providers call me because they were worried about their tenants, before the stimulus and before people got their unemployment,” said Spaulding. “I would say that out of the 3,000 plus housing providers in Longmont, I communicate on a regular basis with at least a third of them.”
Back in March when the quarantine was established, rental offices like Alert Realty in Longmont took preemptive measures to communicate with renters about their situation.
“Overall, about 90% of tenants are making rent on time. Those who are having trouble with rent are generally responsive to our inquiries and making arrangements for payment plans that have been mostly followed as agreed. Some tenants are getting assistance from local groups such as the OUR Center,” said Bryan Potter of Alert Realty in Longmont.
“Without prompting, one of our clients forgave a month of rent for their tenant and another forgave 50%, though both tenants looked like they could make full payments. Many other client/owners contacted us asking to be informed if their tenant(s) were going to have problems. Every single client/owner has been understanding of the situation, even the ones who live on and rely on the monthly rents.”
The biggest problem for housing providers hasn’t been the payment of rent, but enforcing eviction for out of control tenants, which is not only a problem for housing providers but can also be a concern for the safety of other tenants. This will change on June 1st when Boulder County courts resume hearings on eviction cases.
“We have an out of control tenant in a duplex, mostly against his roof-mate neighbor: 26 police calls in the seven weeks starting April 1st to May 20th. All misdemeanors so far,” said Potter. “We need to be able to move forward with eviction situations that are severe like this one.”
The state of Colorado doesn’t have the legal authority to freeze rent collection, but it but does have the capability to limit eviction cases which Gov. Jared Polis previously issued an executive order for back in March and again in April. The moratorium placed on evictions included restricting law enforcement agencies from eviction actions, except for felonious criminal activity.
The Boulder County District Courts by the order of the Chief Judge, Ingrid Bakke, decided that based on the health crisis, as well as the state order from Gov. Polis, that routine evictions will be postponed until after May 31, 2020. The state order and the Boulder County order did not remove tenants from their obligations to pay rent that accrues during that time.
For those between places to live, or those in temporary housing, have had a tougher experience. The Bar L Motel on Main Street, who has weekly rates and tends to have long-term renters for several months or longer, has been handling its renters as if it were a motel, notifying a strict on-time payment policy. Owner and manager of the facility sent out a message updating renters of its policies during the coronavirus:
“The Bar L Motel is a motel and is subject to Innkeepers’ law, not an apartment complex. All room rents are expected to be paid on a timely basis and we will not be granting credit or free stays to anyone. Should you not be able to pay your room rent as agreed, please vacate your rooms by 11:00 on your last night. We have a zero tolerance for anyone not paying their rent.”
Commercial renters have also come across a tougher experience with landlords. Kymmberly Barton received an eviction notice for her business, Cohãyla Salon & Spa that was at 1515 Main Street unit #8 after she was unable to pay rent after 30 days. Without incoming business during the coronavirus lockdown, she struggled to come up with the rent payment.
“I actually made my office space in my house, so when you enter my house, my office space’s right there. I have a little bit of an entryway and then my bathroom, so I've connected my shampoo bowl to my bathroom. Then my office is where I cut hair and do nails, and then my entryway is my waiting area,” said Barton.
After 14 years at that location, Barton is operating her business out of a home office with one other employee which is not an ideal situation for her or her patrons. She has stayed in touch with her clientele and hopes to reopen eventually in Erie, but not without financial setbacks in the tens of thousands and a rehiring of employees.
“It's a negotiation,” said Spaulding, Community Relations Specialist. “There's not a law that says, ‘Housing provider you must do this,’ or, ‘Tenant you must do this.’ There's no law that says that. The only housing provider/tenant laws are contractual, not statutory.”
