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An interesting, new Arizona Executive Order recently signed by the Governor can lead to many questions. If you are a landlord or a tenant with questions regarding a possible eviction during a time of uncertainty, we encourage you to read this post. If you have further questions, contact your M&G Team at 602-533-2840. Co-Founder Benjamin Gottlieb (please tag) has some noteworthy thoughts on this topic and how we can help you! (add in any necessary hashtags here)

Governor Ducey has signed Executive Order 2020-14, entitled Postponement of Eviction Actions. The Executive Order contains the following:

Unless a Court determines that enforcement is necessary in the interest of justice or in accordance with A.R.S. § 33-1368(A), all enforcement officers shall temporarily delay enforcement of eviction action orders for residential properties when one of the following circumstances exist and are documented to the landlord:

  • The individual is required to be quarantined based on a diagnosis of COVID-19;
  • The individual is ordered by a licensed medical professional to self-quarantine based on symptoms of COVID-19
  • The individual is required to be quarantined based on someone in the home being diagnosed with COVID-19;
  • The individual demonstrates that he or she has a health condition that makes the individual more at risk for COVID-19;
  • The individual suffered a substantial loss of income resulting from COVID-19.
  • A tenant needs to notify its landlord in writing if a tenant believes it qualifies for delay of enforcement of an eviction, provide appropriate documentation, and affirm the lease terms otherwise remain in effect.

A landlord shall not interpret a health and safety provision of a lease to include COVID-19 as a reason for termination of a lease, nor shall a landlord terminate a lease based on information provided by the tenant to notify the landlord in writing of it meeting the qualifications for postponement of an eviction action.

The Executive Order does not excuse payment of rent or any other obligation a tenant may owe the landlord under the lease.

The Executive Order is in effect for 120 days.

In summary, the Executive Order provides protection to a residential renter to avoid temporary displacement if the renter can prove they qualify for a condition which furthers the interests of public health by keeping the renter in the residence during the current health crisis. The Executive Order does not forgive rent owed or any other obligation a tenant may owe a landlord.

You can view the actual signed order here:

https://azgovernor.gov/sites/default/files/eo_2020-14_0.pdf

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