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ARVADA VILLAGE GARDENS LP v. GARATE

Supreme Court Case No. 23SA34.

529 P.3d 105 (2023)

2023 CO 24

In re: ARVADA VILLAGE GARDENS LP, Plaintiff, v. Ana GARATE, Defendant.

Supreme Court of Colorado.

May 15, 2023.

Attorney(s) appearing for the Case

Attorneys for Defendant: CED Law, Spencer Bailey , Denver, CO.

Attorneys for Respondent Jefferson County Court: Philip J. Weiser , Attorney General, Emily Burke Buckley , Senior Assistant Attorney General, Emma Garrison , Assistant Attorney General, Denver, CO.

Attorneys for Amici Curiae Apartment Association of Metro Denver; Colorado Apartment Association; National Association of Residential Property Managers, Denver Chapter; National Association of Residential Property Managers, Colorado Springs Chapter; Southern Colorado Residential Rental Association; Colorado Landlord Legislative Coalition; Boulder Area Rental Housing Association; Weld County Apartment Association; Northern Colorado Rental Housing Association; and Apartment Association of Southern Colorado: Gordon Rees Scully Mansukhani LLP, John R. Mann , Tamara Seelman , Denver, CO.

No appearance on behalf of Plaintiff.

JUSTICE HART delivered the Opinion of the Court, in which JUSTICE MÁRQUEZ, JUSTICE HOOD, JUSTICE GABRIEL, JUSTICE SAMOUR and JUSTICE BERKENKOTTER joined.

¶1 Before landlords may evict tenants they must provide notice. Under Colorado law, the required notice period is ten days. During the COVID-19 pandemic, however, Congress passed a law requiring a thirty-day-notice period for eviction from certain rental properties. The question we confront here...

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