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...
August 13, 2020October 9, 2020
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.
August 13, 2020October 9, 2020
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.
August 11, 2020October 9, 2020
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...
August 5, 2020October 9, 2020
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...
August 5, 2020October 9, 2020
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...
July 20, 2020October 9, 2020
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...
July 20, 2020July 20, 2020
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...
July 6, 2020July 6, 2020
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...
June 16, 2020June 16, 2020
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...