While the courts in other states have ruled that the CARES Act no longer applies or has expired, Arizona has not, as of yet, made a ruling of this nature. There is, however, currently a case making its way through the court system that may affect how we apply or if we apply the CARES Act in Arizona.

Currently in Pima County (and only Pima County) there has been ruling from a Superior Court judge which requires landlords who have a property that falls under the CARES Act, including properties with federally backed mortgages, to send tenants what we refer to as a 5/30 Day notice. This notice indicates to Tenants that although in Arizona a nonpayment notice and cure period is 5-days, because of the CARES Act, the landlord cannot file for eviction (file with the court to start the process) for 30 days. (Outside of Pima County this has been interpreted to mean the landlord may send a 5-day notice for nonpayment of rent but cannot apply for the writ of restitution until 30 days after the notice is sent.)

If you hear or read that the CARES Act no longer applies, that is currently, as of the date of this post, not the case in Arizona. However, there is a court case working its way through the system that may in the relatively near future change how we handle properties covered under the CARES Act or if we even have to apply and consider the CARES Act.