Where do things stand today with Evictions in Arizona?

We haven’t had any large changes to the selection of government Orders altering the law in relation to Evictions in Arizona in the last couple of weeks.  Arizona’s EO 2020-49 which limits execution of the Writ of Restitution (the constable removing the tenant) is set to expire on Saturday.  Rumor has it he will not be extending the Order.  The CDC Order remains in place through the end of the year, however due to a case challenging it in Georgia, we have a bit more information on how the CDC meant for the Order to be interpreted.  First Landlords can...

Arizona Relief Funds for Landlords and Tenants

Governor Ducey announced yesterday an additional $2 million will be provided to tenants through the Arizona Department of Housing’s Rental Eviction Assistant Program for tenants in need of financial assistance due to COVID.  Additionally $5 million is being added to the Rental Property Owner Preservation Fund for both large and small property owners to help prevent pandemic-related foreclosures.  For additional information on these programs please see the links below. Link for Rental Eviction Prevention Assistance:  https://housing.az.gov/general-public/eviction-prevention-assistance Link for Rental Property Owner Preservation Fund:  https://gn.ecivis.com/GO/gn_redir/T/51fy0fcw0vnm  

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...