CDC Protection Extended through January 31, 2021

Late last night, Congress officially passed an extension on the CDC Order (see the Consolidated Appropriations Act of 2021) extending its protection for tenants through January 31st of 2021.  Included in the bill is $25 billion in funding for rental assistance, however, it appears unlikely the funds will actually reach the hands of landlords and tenants prior to January 31, 2021. What can landlords do?  Continue to assist your tenants in applying for financial assistance where available.  Continue to work with your tenants in creating payment plans.  Continue to notify us if you have a tenant who has submitted a...

December Update

2020 has been quite a year!  As it stands right now the CDC Order is set to expire December 31, 2020.  We are all waiting to see if it will be extended.  The good news is since the CDC Order we have not had any major changes for Landlords; a change from the daily updates since the start of COVID.  As we hopefully move quietly  and calmly into 2021, I wish you all a very safe and happy holiday season.

What should Landlords Expect in 2021

If only we had a crystal ball.  None of us expected 2020 to be what it was.  Looking forward to 2021, we can only speculate on what the new year may bring.  We do, however, have a few insights based upon what we have seen this year.  2020 was certainly not the year of the Landlord.  With COVID the buck stopped at the Landlord for everything.  While we hope things will improve in 2021 with a vaccine on the way and fewer Executive Orders and Government agencies issuing what felt like daily sets of new rules, we can expect Landlords...

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: Link for Rental Property Owner Preservation Fund:  

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.