COVID-19

 COVID-19


CLARK BARS UPDATE - JULY 17TH 2020

Law Offices of Scott M. Clark, PC
Date: July 17, 2020

COVID-19 - EXTENSION OF TEMPORARY POSTPONEMENT OF THE EXECUTION OF THE WRIT OF RESTITUTION
By: Christopher R. Walker

Dear Client(s):

On July 16, 2020 Governor Ducey issued Executive Order 2020-49 which extends his prior order authorizing the temporary delay of the execution of the writ of restitution through October 31, 2020. The Executive Order left unchanged the circumstances in which a tenant could seek the postponement of the execution of the writ of restitution. The circumstances in which a tenant may seek relief under the Executive Order are set forth below:

1. The individual is required to be quarantined based on their diagnosis of COVID-19.
2. The individual is ordered by a licensed medical professional to self-quarantine based on their demonstration of symptoms as defined by the Centers for Disease Control and Prevention.
3. The individual is required to be quarantined based on someone in the home being diagnosed with COVID-19.
4. The individual demonstrates that they have a health condition, as defined by the Centers for Disease Control and Prevention, that makes them more at risk for COVID-19 than the average person.
5. The individual suffered from a substantial loss of income resulting from COVID-19, including:
a. Job loss;
b. Reduction in compensation;
c. Closure of place of employment;
d. Obligation to be absent from work to care for a home-bound school-age child; or
e. Other pertinent circumstances.

Effective August 21, 2020, a tenant seeking relief under the Executive Order must meet the following burden of proof:
1. Establish his or her eligibility under the criteria set forth above;
2. Request, in writing, a payment plan with the landlord; and
3. Provide “proof of submission of their completed pending application for rental assistance through a state, city, county, or non-profit organization.”
Just as with the prior order, the current order does not prevent landlords from filing evictions or otherwise give the court leniency to delay execution of an eviction judgment. It is important for all landlords to understand that the Executive Order only changes the timing for the execution of the writ of restitution. With that said, until July 26, 2020 there are different eviction rights depending on the classification of your property.

The following rules govern landlord’s rights to file evictions in Arizona:

1. Non-CARES Act Covered Properties: Landlords of these property types may file for any eviction (non-payment, non-compliance, non-renewal, immediate eviction, etc.). Writs of restitution may be delayed for non-payment of rent cases. Landlords may contest any attempt to delay the writ of restitution by filing a motion to compel.



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2. CARES Act Covered Properties: Landlords of these property types may file for non-compliance evictions and, after July 26, 2020, may issue notices of non-renewal or non-payment of rent (using the modified CARES Act Non-Payment of Rent Notice). Evictions for non-payment of rent may be filed after the expiration of the 30 day period following the issuance of the CARES Act Non-Payment of Rent Notice. Please be advised, it is the recommendation of the Firm that all clients continue to work with their residents during this pandemic. However, owners and operators of residential rental properties should not feel discouraged from seeking legal relief and commencing an eviction action to enforce their rights under the terms of the lease or provisions of Arizona law. The Firm does not endorse a cessation of eviction filings and recommends clients, subject to the rules above, proceed with the commencement of any and all eviction actions required to enforce the rights conferred under their respective lease agreements.

If you have questions about this information, please consult with an attorney.



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