COVID-19

 COVID-19



 Clark Bar Updates:

September 23, 2020 : COVID-19 - Thirty (30) day notice (CARES ACT COVERED PROPERTY) September 9, 2020 : COVID-19 - Arizona Non-Payment Evictions During the CDC Order September 2, 2020 : COVID-19 - CDC SEEKS TO TEMPORARILY HALT ALL FINANCIAL EVICTIONS IN THE UNITED STATES August 26, 2020 : COVID-19 - ARIZONA GYM/FITNESS REOPENING August 18, 2020 : COVID-19 - ARIZONA GYM/FITNESS CENTER REOPENING GUIDELINES August 12, 2020 : COVID-19 - WHY FILE NON-PAYMENT EVICTIONS? August 4, 2020 : COVID-19 - GOVERNOR RELEASED RENTAL PROPERTY OWNER PRESERVATION FUND - APPLY TODAY! July 17, 2020 : COVID-19 - EXTENSION OF TEMPORARY POSTPONEMENT OF THE EXECUTION OF THE WRIT OF RESTITUTION July 7, 2020 : COVID-19 - EXPIRATION OF CARES ACT - Changes to Non-Payment of Rent Notice June 29, 2020 : COVID-19 - PAUSING OF ARIZONA'S REOPENING April 3, 2020 : COVID-19: NEW PAID LEAVE AND FMLA RULES April 1, 2020 : COVID-19: Governor Ducey's Stay at Home Order April 1, 2020 : COVID-19: EVICTION PROTOCOL UPDATE March 28, 2020 : COVID-19: SUMMARY March 25, 2020 : COVID-19: PIMA COUNTY JUSTICE COURT CHANGES March 25, 2020 : COVID-19: Compliance with Non-Discrimination Laws March 24, 2020 : **REVISED** COVID-19 Eviction Protocol Update March 23, 2020 : IMPORTANT LEGAL UPDATE - Families First Coronavirus Response Act March 20, 2020 : Arizona Multihousing Association seeks assistance in getting tenants to petition AZ Legislature to Approve Immediate Emergency Funding for Eviction Prevention March 20, 2020 : IMPORTANT LEGAL UPDATE for Coronavirus Disease 2019 (COVID-19) March 20, 2020 : SUMMARY OF AZ TRIAL COURT COVID-19 PROCEDURES March 19, 2020 : IMPORTANT EVICTION UPDATE for Coronavirus Disease 2019 (COVID-19) March 18, 2020 : FAQ for Coronavirus Disease 2019 (COVID-19) March 15, 2020 : Coronavirus ("Covid-19")

CLARK BARS UPDATE - AUGUST 12TH 2020

Law Offices of Scott M. Clark, PC
Date: August 12, 2020

COVID-19 - WHY FILE NON-PAYMENT EVICTIONS?
By: Christopher Hoynicki

Dear Client(s):

Why file? Many of our clients are aware that the CARES act expired at the end of July but have delayed filing non-payment evictions for various reasons. These reasons range from a misunderstanding of the differences between the CARES act and the Governors Executive Orders to clients simply wanting to avoid the bad PR associated with physical evictions. However, filing a non-payment eviction case has many advantages which are not just limited to possession of the property:

  • Securitized Debt – By filing a nonpayment case you obtain a judgment against the debtor. Judgments are secured debt, are easier to collect, and automatically last for 10 years.
  • Incentive to Cure – The judgment obtained in an eviction case shows on a tenant’s credit which in turn provides an incentive for tenants to pay the judgment.
  • Open Communication & Rental Assistance – In order to delay a physical eviction under the Governors Order, tenants must communicate with their landlords and as of August 21, must enter into a payment arrangement and show proof that they have filed for rental assistance.
  • Beat the Rush – At some point in the unknown future this hiccup in the rental industry will come to a close, landlords who do not already have non-payment judgments will have to start from scratch in a system that will be fraught with delays.

Remember, the focus of the media is on physical evictions. This is the last step in the eviction process and just one of the benefits of filing a non-payment case against a tenant. It is possible to obtain an eviction judgment, obtain the majority of benefits for doing so, and hold off on the physical eviction until the right time.

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


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