GOVERNOR DUCEY LIMITS EVICTIONS FROM RENTAL PROPERTY
On March 24, 2020, the Governor issued an Executive Order effective at least until July 23, 2020 preventing law enforcement officers and constables from enforcing eviction orders on residential property unless there is a showing to the Court that in the interest of justice, or there is a material breach of the rental agreement (ARS 33-1368A), the eviction should take place. Due to the COVID-19 pandemic, if the following are documented to the landlord or property owner, the eviction may not take place:
- The individual is required to be quarantined based on their diagnosis of COVID-19.
- 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.
- The individual is required to be quarantined based on someone in the home being diagnosed with COVID-19.
- 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.
- The individual suffered a substantial loss of income resulting from COVID-19, including:
- Job loss;
- Reduction in compensation;
- Closure of place of employment;
- Obligation to be absent from work to care for a home-bound school-age child; or
- Other pertinent circumstances.
If a tenant, lessee or resident is suffering any of the above circumstances and seeks relief from or delay in eviction, they shall notify the landlord or property owner in writing with any available supporting documentation of their temporary financial hardship or state of quarantine as a result of COVID-19 and acknowledge that contractual terms of the lease remain in effect.
A landlord shall not interpret a health and safety provision of a contract to include COVID-19 as a reason for termination of a lease or rental agreement; nor shall a landlord terminate a lease or rental agreement solely based on information provided by the tenant to satisfy a notice requirement under paragraph 2.
Tenants are not relieved of the other contractual terms that may be in their rental agreements (e.g. no pets, etc.). If you wish to find out more, please contact our Real Estate Attorneys and Attorneys that handle Workouts for both Creditors and Debtors in times of financial stress.