For months, property managers and housing operators across Arizona faced persistent confusion regarding federal CARES Act notice requirements during eviction proceedings.
Our team at the Law Offices of Scott M. Clark, P.C. recently stepped in to establish clear, binding legal precedent. Managing Attorney Scott Clark helped secure a landmark court decision that clarifies how CARES Act rules intersect with Arizona eviction law.
This ruling delivers much-needed stability to housing providers statewide.
Key Takeaways from the Ruling
- Eliminates Pre-Filing Delays: Housing providers can issue standard 5-day non-payment notices under A.R.S. § 33-1368 and initiate Special Detainer actions without waiting out a 30-day pre-filing window.
- Clarifies the 30-Day Timeline: The federal 30-day notice requirement applies strictly to the physical execution of a writ of restitution, not the initial court filing.
- Standardizes Court Procedures: Justice Courts in Maricopa County and across Arizona now have clear guidance, ensuring consistent application of the law.
For over 40 years, our firm has delivered process-driven legal defense to protect institutional property managers. When statutory ambiguity threatens your operational timeline, we step in to shape the law and safeguard your bottom line.
Read the Media Coverage
This decision marks a major win for Arizona housing providers. You can read the full media coverage across these major publications:
- AZ Central: Scott Clark Law Managing Attorney Helps Shape Landmark Decision
- The Arizona Examiner: Arizona CARES Act Ruling Impacting Landlords Statewide
- EIN News: Press Release: Shaping Landmark CARES Act Decision
Need Guidance on Your Eviction Timelines?
Unsure how this decision affects your current notice procedures or pending Special Detainer filings? Our volume-capable legal team is ready to assist.
- Schedule an Intake Consultation with our Arizona legal team today.
- Current Clients: Log into the Client Portal to review active case updates.
