March 26, 2020
Many misconceptions are flying around Executive Order 2020-14 issued by Governor Ducey this week regarding Postponement of Eviction Actions. Here is what Landlords and Tenants need to know.
- The Order stops the Constable or Sheriff from Serving a Writ of Restitution between March 24, 2020 and for 120 days thereafter only if the following conditions are met:
- The Tenant must provide the Landlord with proper written documentation evidencing their COVID-19 hardship (as further outlined below) and provide written notice to the Landlord of their hardship and acknowledge that contractual terms of the lease remain in effect.
Qualifying COVID-19 Hardship Circumstances
- The Tenant is required to be quarantined based upon their diagnosis of COVID-19. (This would require some proof of the quarantine order or medical care provider note.)
- The tenant is ordered by a licensed medical professional to self-quarantine based on their demonstration of symptoms as defined by the CDC. (This would require a written statement from a health care professional.)
iii. The tenant is required to be quarantined based on someone in the home being diagnosed with COVID-19. (This would require a written statement from a health care professional and the individual would need to be listed as an occupant on the lease.)
- The tenant demonstrates that they have a health conidiation as defined by the CDC that makes them more at risk for COVID-19 than the average person. (This would require a written statement form a health care professional.)
- The tenant suffered a substantial loss of income resulting from COVID-19 including:
Reduction in compensation
Closure of place of employment
Obligation to be absent from work to care for a home-bound school-age child
- The Order does not stop the Landlord from requesting rent.
- The Order does not eliminate the rent owed by the tenant.
- The Order does not prohibit the Landlord from moving forward with a forcible entry and detainer action (it simply limits when the Writ of Restitution can be exercised).
- This Order does not relieve a tenant of his or her obligation to pay rent or otherwise comply with the lease agreement.
- This Order does not affect other noncompliance issues such a violation of the crime free lease addendum. Where appropriate a Judge may, upon motion from the Landlord, request that the Writ of Restitution be issued within this 120 day period in the interest of justice.
We continue to encourage Landlords and Tenants to work together to resolve any nonpayment of rent issues related to financial hardship associated with COVID-19. We further encourage Landlords to contact our office regarding possible evictions during the Pandemic.
As always, please contact us with any questions or concerns.