As many of you are aware (and I have mentioned in prior posts), the Federal Court has set aside the CDC Order and therefore the Federal Eviction Moratorium. The set aside of the Order has been stayed or stopped while the parties provide their argument to the Court explaining why Court’s order to set aside the CDC Order should or should not be put in place while the case is under appeal. Both the Alabama Association of Realtors and HHS have filed arguments with the court for their position. The Alabama Association of Realtors Opposition to the requested stay can be read HERE. HHS’s response can be read HERE. We are eagerly awaiting a final decision from the court.
If the CDC Order is not allowed to stay in place, Landlords will be able to pursue valid and proper evictions as soon as the Court Rules. I encourage landlords to strongly consider not taking partial payments in the month of May and to send out valid five day notices for nonpayment of rent in Arizona. Given the Administrative Orders from the Arizona Supreme Court it is likely that a new case will move more quickly through the courts than an existing eviction matter. As such while we will pursue clarifying and confirming monetary judgments from prior eviction filings, in order to obtain a writ we will likely, where applicable, file new eviction cases to move things through the court system more quickly.
Of course we will post updates here as soon as the Court makes its ruling.