What is an Eviction Action?
An eviction action arises from a dispute with the landlord and tenant where the landlord seeks to dispossess the tenant from the rental property. Eviction actions can be brought by both commercial and residential landlords, although the law governing eviction actions for residential properties is governed by the Arizona Residential Landlord Tenant Act, which affords residential tenants various protections provided for by statute. In the commercial context, unless provided for in the lease, a commercial landlord may engage in a “lockout” remedy without proceeding to court in the event the tenant fails to pay rent.
M&G can help if you are concerned an eviction action will need to be brought at some point in the future, or you will be subject to an eviction action, and you are. . .
- A commercial landlord
- A commercial tenant
- A residential landlord
- A residential tenant
- A property management company
Commercial Property Evictions
In commercial matters, M&G attorneys represent both commercial and multi-family property management companies, self-storage facilities, and commercial property owners. In the course of this representation, we actively and routinely draft lease documents, enforce or defend the rights of parties in commercial lease disputes, handle evictions in both Justice Court and District Court, prosecute and defend rent collection lawsuits, and handle disputes over common area maintenance fees and parking issues. Additionally, our attorneys assist clients in interpreting lease provisions, handling equipment leases and/or liens within leased premises, asserting post-eviction claims for unpaid rent and/or damages to premises, drafting lease assignments, and handling tenant improvement and mechanic’s lien disputes.
COVID-19’S IMPACT ON COMMERICAL EVICTIONS:
Commercial property evictions can be complex, especially given the recent Federal and State Orders that were created during and after the pandemic. That being said, the current CDC Eviction Moratorium only applies to residential properties. Arizona enacted a state-wide commercial real estate eviction moratorium, but it expired on May 31, 2020. Common commercial real property disputes include situations where a landlord seeks to exercise a “lockout” remedy or pursue a commercial eviction action in court. Also, many tenants have relied on “force majeure” clauses and the commercial frustration of purpose doctrine during the pandemic to renegotiate terms in their leases.
Residential Property Eviction
At M&G, we also handle all aspects of residential evictions and lease disputes. From large, multifamily residential complexes to single family homes, our knowledgeable attorneys and staff are well versed in all aspects of Arizona’s landlord-tenant laws, eviction proceedings including summary evictions, unlawful or forcible detainer actions, and eviction appeals. M&G’s eviction team also handles breach of lease litigation and complicated post foreclosure evictions.
COVID-19’S IMPACT ON RESIDENTIAL EVICTIONS:
Residential property evictions are governed by the Arizona Residential Landlord-Tenant Act. Before an eviction lawsuit can be pursued, a number of procedural items must be properly handed starting with properly serving the tenant with a notice for non-payment of rent. In today’s world, all eyes are focused on how the federal appellate courts (and possibly the U.S. Supreme Court) will rule as to the constitutionality of the CDC Eviction Moratorium. As things stand currently, although a spate of federal district courts around the country have declared the CDC Eviction Moratorium unconstitutional, the order still has force and legal effect in Arizona. Therefore, to the extent that a tenant signs the CDC Eviction Moratorium form found on the CDC website and provides it to the landlord, the landlord may be precluded from dispossessing the tenant from the property pending the duration of the order, which is set to expire on October 31, 2021, but will likely be extended by Congress or the White House. A landlord may however, still have a valid basis to evict a tenant for a reason independent of non-payment of rent. In such a case, the CDC Eviction Moratorium may not help the tenant. Therefore, it is imperative to consult with legal counsel to determine your rights as a landlord or tenant.
M&G Leads the Way
M&G is efficient, experienced, knowledgeable and informed on both commercial and residential landlord / tenant matters. We know civil litigation and eviction work. M&G is recognized as leaders in Arizona real estate law and landlord-tenant law. Our attorneys are highly requested instructors on the subject of landlord tenant matters and residential and commercial evictions. We are ready to review and provide you options for the eviction process. Contact M&G today to schedule your “eviction consultation”.