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 send notice and file eviction actions. The CDC Order, like the Arizona Executive Order, was intended to stop the tenant from being removed from his home, not the filing of the action. The Arizona Supreme Court has put out new guidelines for the courts regarding how to handle eviction actions given this new information. Additionally, the CDC indicated that a landlord has the right to challenge the CDC Order if he/she believes the Statement from the tenant is inaccurate. This is a small victory for landlords as they try to stay afloat during the COVID pandemic.
Starting November 1st we should be down to one extra set of rules, the CDC Order. If you have a tenant who had the Writ of Restitution stayed due to the Arizona Executive Order, we can take the necessary steps to move forward with that Writ of Restitution now. The best thing you can continue to do is send out notices for lease violations including nonpayment of rent, work with tenants on payment plans and with agencies offering assistance to the tenants with rent. If you receive the CDC Form from the tenant, review it carefully and let us know you have received it. If you believe any portion of the Declaration is inaccurate, we can determine whether to challenge the Declaration.
Please reach out with questions and hang in there. The end of 2020 is in sight.
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