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...
Category: <span>Evictions</span>
Post
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...
Post
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...
Post
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...
Post
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...
Post
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...
Post
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...
Post
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...
Post
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...
Post
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...