Collections Webinar October 9th

Please note that viewing this webinar does not create an attorney client relationship.  Information is presented for information purposes only and may not apply to each individual case in the same way.  Please consult an attorney for legal advice. Collections Webinar Video  

Update on the CDC Moratorium on Evictions

As you may or may not be aware there is a lawsuit filed in Georgia challenging the CDC Eviction Moratorium Order (Brown v. Azar 1:20-cv-3702-JPB).  In the Secretary of Health and Human Services’ response to the Plaintiff’s Motion for a Preliminary Injunction, the CDC/Secretary of Health and Human Services, gave us some further insight into the intent and limitations of the CDC Order. First, the CDC Eviction Moratorium Order does not stop the Landlord from starting an eviction proceeding.  This means we can file and obtain a monetary judgment from the court.  A landlord cannot, according to the CDC, have...

Happy Constitution Day

Happy Constitution Day! A little relevant trivia: Approximately 11,770 amendments have been proposed to the US Constitution since its writing. Only 27 have ben adopted, a success rate of technically zero percent.

Federal Halt to Evictions

As you may or may not be aware the CDC intends to Publish on September 4, 2020 an Agency Order Temporarily Halting Residential Evictions to Prevent the Spread of COVID-19. While we will all continue to interpret the Agency Order and look for guidance from every source, here is what we know so far. At approximately 4:15pm on September 1st, the CDC issued an agency order to temporarily Halt Residential Evictions which it anticipates and plans to publish on September 4, 2020.  This means the Order will be in effect starting September 4th and will remain in effect until December...

Changes in Delay of Execution of Writ as of August 22, 2020

Beginning August 22, 2020 EO 2020-49 has some additional provisions which go into effect and change how the delay in writs of restitution will be handled. The tenant in order to qualify for a delay in the writ must continue to provide proof of hardship, but the hardship must be financial. Additionally, the tenant must prove that he applied for financial assistance and that he has submitted a payment plan to the Landlord. Beginning August 22, 2020, a COVID illness or need to quarantine will not alone be sufficient to delay the writ of restitution.

CARES Act Reminders

For Landlords with a rental property that fell under the CARES Act, if your tenant owes rent for any portion of  the time from March 2020 through July 2020 you must provide the tenant with a thirty day notice for nonpayment of rent.  If the tenant has been current and is late as of August 1, 2020 you may provide the usual 5-day notice for nonpayment of rent.   If you need copies of any forms please let us know.

Presidential Executive Order on Fighting the Spread of COVID-19 by Providing Assistance to Renters and Homeowners dated August 8, 2020

President Trump issued an Executive Order on August 8, 2020 regarding evictions with COVID.  The CARES Act expired on July 24, 2020 and there has been discussion in Washington regarding a possible extension of the Eviction Moratorium.  To date Congress has not come to an agreement leaving President Trump to issue his August 8, 2020 Executive Order.  The Order itself does not create any requirements for landlords or prevent evictions from moving forward.  It does not extend the terms of the CARES Act. The Executive Order does authorize the Secretary of Health and Human Services and the Director of CDC...

Recommendation to Landlords regarding Writs of Restitution

With the extension of the Moratorium on the Execution of Writs of Restitution until the end of October 2020 for tenants effected by COVID, we have had many clients question the best steps to take at the present time with regard to the Writ of Restitution. First, the Moratorium only applies to tenants affected by COVID.  This means a tenant who has lost his/her job, had his/her hours reduced by an employer, has contracted COVID-19, must quarantine due to COVID-19 or is a high risk individual due to other health concerns.  Second, the tenant is required to provide proof his/her...

Relief Funds for Landlords and Tenants

The Governor just released the details of the rental property owners preservation fund –  The Rental Property Owner Preservation Fund (RPOPF), established by the Governor’s Office, provides assistance to rental property owners across the State of Arizona who are facing rental income issues due to the COVID-19 pandemic. A property does not have to be at risk of foreclosure in order to be eligible for this funding. This program utilizes funds from the Emergency Crisis Contingency and Safety Net fund to provide the needed assistance to eligible landlords and property owners, who have faced hardships, directly or indirectly, due...

CARES ACT Moratorium expires

As the expiration date on the Eviction Moratorium on the CARES Act draws close, July 24, 2020, Landlords who have been unable to proceed with evictions on their properties must begin the process of preparing notices as applicable under the CARES Act. The CARES Act applies to property owner’s who have a Federally Backed Mortgage or tenants who received Federal Assistance, such as Section 8. The CARES Act requires that any notice being sent to tenants allow the tenants at least 30 days to vacate. In Arizona, this means our Five-Day Notice for Nonpayment of rent must now be a...