The COVID-19 pandemic has fueled significant changes to eviction laws and practice within Arizona. Landlords and renters are among the largest group affected by these legal changes as evictions continue to rise.
In March 2020, Governor Ducey signed Executive Order 2020-14 postponing the enforcement of eviction actions for eligible tenants. Since that time, most eviction actions have largely been “on hold.”
In addition to the Governor’s Order postponing evictions, Congress passed the Coronavirus Aid, Relief, and Economic Security Act (the “CARES Act”) and this, too, has resulted in placing many eviction actions “on hold.” These “holds” are now set to expire and evictions will soon begin again and will likely inundate the court systems due to pent up demand to evict by landlords.
In response to the upcoming reinstatement of eviction actions, the Arizona Supreme Court issued Administrative Order 2020-105, which sets forth guidelines for how courts are to process existing and future eviction actions. The new guidelines for eviction procedures now include the following:
- Eviction lawsuits for non-payment of rent between March 27 – August 31, 2020, must include a statement that the subject property is not covered by any restrictions included in the CARES Act;
- Arizona Courts shall limit eviction hearings to 25 cases per hour;
- Parties to a lawsuit may appear at court hearings by telephone or video conferences; and
- Landlords holding a Writ of Restitution Order to have tenants removed from the rental property, which have been delayed by Governor Ducey’s 2020-14 Order, must now file a Motion to Compel in order to enforce a tenant’s removal.
The Arizona Supreme Court’s 2020-105 Order adds another layer of complexity to the other state and federal guidelines and limitations on eviction procedures. Landlords and tenants alike must know their options when facing eviction concerns.
If you are a property manager, owner, or landlord with a tenant impacted by COVID-19, or a tenant facing eviction, M&G can help you navigate these rapidly changing requirements to the eviction laws and procedures in Arizona. You can email Patrick at patrick@mandglawgroup.com, call 602-533-2840 or complete this link: http://bit.ly/MandGNCIS.
