CLARK BARS UPDATE - SEPTEMBER 9th 2020
Law Offices of Scott M. Clark, PC
Date: September 9, 2020
COVID-19 - Arizona Non-Payment Evictions During the CDC Order
By: Christopher R. Walker
Effective IMMEDIATELY, the CDC promulgated an Order halting non-payment evictions
for all residential landlords in the United States through the end of this year.
This CDC Order applies when a tenant provides a landlord a sworn Attestation, under the penalty of perjury, that he or she meets the CDC requirements. Until a tenant provides the Attestation, a landlord may continue to enforce non-payment of rent matters through repossession of the leased premises as normal.
The CDC Order:
· Does NOT affect a landlord’s ability to issue non-payment notices.
· Does NOT apply to any other notice types, i.e. non-renewals, non-compliance, health and safety, or immediate evictions.
· Does require a landlord to halt/dismiss a non-payment eviction regardless of stage of eviction.
If you are uncertain whether the documentation provided by a tenant meets the CDC requirements for the Attestation, you are strongly encouraged to contact our office for assistance.
ALL non-payment evictions until December 31, 2020, will require the Landlord CDC Form to be completed in order to be processed. This will require that you disclose whether or not each tenant you submit for a non-payment eviction has provided a request to delay the eviction pursuant to the CDC order. A copy of this form is enclosed with this communication. Please be advised that the Landlord CDC Form is a confidential attorney-client communication and is being used for internal purposes only.
If you have any questions or concerns you should immediately reach out to your legal counsel.
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