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 – https://gn.ecivis.com/GO/gn_redir/T/51fy0fcw0vnm.  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...

What should Landlords do in the Face of Arizona Executive Order 2020-49

Property Managers and Owners were dealt a very difficult blow on July 16,2020 when Governor Ducey extended the Eviction Moratorium for an additional three months through October 31, 2020. The Order continues to delay the execution of Writs of Restitution for those claiming to be affected by COVID. As Property Owners and Managers are well aware, the $130 million dollars in relief that the government has provided for tenants in Arizona has not been efficiently managed. Only $1.2 million has been distributed to date. This leaves landlords with the continued requirement to house tenants without receiving rents. Of course, most...

Pools and Work Out Facilities in Multi-Family Housing and HOA Communities

Due to Governor Ducey’s Executive Order 2020-43 Bars, Indoor Gyms and fitness centers, indoor movie theaters and water parks must pause operations until at least July 27, 2020. For Multifamily housing and HOA facilities this means closing any on-site or neighborhood gyms and fitness centers and indoor movie theaters. Pools may remain open, but public pools may not allow groups larger than 10 to congregate together near the pool. Privately owned pools located in public areas, such as multifamily pools and HOA pools must provide signage at all entrances reminding people to maintain physical distance and that groups larger than...

Property Manager Record Retention

The Arizona Legislature passed, and the Governor signed on June 5, 2020 SB1096 amending ARS 32-2175 Property management records; requirements; audits. Property Managers have always been required to maintain and keep records, but the amendments to ARS 32-2175 expand and clarify some of those requirements. The statute now requires property managers to keep the lease (including any lease addenda and amendments) and related documents for one year after the termination of the lease. Related documents are defined as including rental applications, move in forms and default notices. If a lease continues a month to month basis the lease is not...

Pima County Eviction Updates

Beginning Monday, June 15, 2020, the Pima County Justice Court will no longer be using Judges Pro Tem to handle their eviction matters. The elected Justices of the Peace will handle the eviction matters on a rotating basis. We have had a set number of Pro Tem Judges handling evictions for the last few years, so this will be a change for parties and the courts. For the foreseeable future Eviction matters will continue to be held via Zoom. Things have gone relatively smoothly with the Zoom system. As always please reach out with any questions or concerns.

Fire in the Catalina Mountains

As 2020 continues to be a year of challenges and disasters, Pima County Landlords and Tenants face the potential of damage to residential units by the Big Horn Fire. The Pima County Sheriff’s Department has issued alerts warning some residents near the fire to be ready to evacuate. What does this mean for Landlords and Tenants? Landlords should notify tenants in these areas and confirm they are aware of the evacuation possibility. Tenants should prepare to evacuate if they are in the Evacuation areas. The Pima County Evacuation Plan is three steps. The first is READY by preparing to evacuate....

Attending Court Hearings via Zoom

The Pima County Consolidated Justice Courts is moving many hearings to a remote format through Zoom. We will notify you individually if your hearing has been adjusted to the Zoom format. To attend the Zoom hearing, you can do so either with or without video from a computer or audio only through a telephone call. Basic information is given below on these two methods. You are always welcome to attend your hearing and are encouraged to do so. If the matter is set for a non-compliance or immediate, we do need to have someone testify to the breaches of the...

Covid19 Updates for Pima County, Arizona as of April 29, 2020

Yesterday, Governor Ducey issued a New Executive Order, 2020-33. The Stay at Home is extended through May 15, 2020 with some small provisions allowing for the opening of retail stores in a limited manner on May 4th and May 8th. If you have any questions on an specific provisions of the order please let us know. https://lnkd.in/gseu7bh Pima County Court Updates: Pima County Superior Court: As of April 21, 2020 Jury trials will not be held in May of 2020. All jury trials are pushed until June 1, 2020 or later at the present time. The Court remains open for...