Arizona Gov. Delays Enforcement of Eviction Actions During the Coronavirus

Fennemore Craig Client Alert

Arizona Gov. Delays Enforcement of Eviction Actions During the Coronavirus

To all Arizona residential investment property owners and property managers, please be advised that pursuant to Executive Order 2020-14, effective March 24, 2020 through July 22, 2020, Gov. Ducey has ordered law enforcement to temporarily delay enforcement of eviction actions where any of the following exist and are documented to the landlord/property owner:

(1) tenant is required to quarantine themselves following a COVID-19 medical diagnosis;

(2) tenant is ordered by a licensed medical professional to quarantine based on observation of CDC symptoms;

(3) tenant is required to quarantine following a COVID-19 medical diagnosis of someone in their home;

(4) tenant demonstrates they have a health condition, pursuant to CDC guidelines, placing them at greater risk for COVID-19 complications;

(5) tenant suffered a substantial loss of income resulting from COVID-19 including, without limitation, job loss, reduction in pay, work closure, or obligation to care for homebound school-age child.

Although the above may be overcome by specific court order under certain case-specific circumstances, absent such an order, if the tenant seeks relief for any of the above reasons, they must notify the landlord in writing of the COVID-19 condition, acknowledge that the terms of the lease remain in effect, and thereafter, law enforcement will not evict the tenant. Additionally, the landlord may not terminate any residential lease upon receipt of such notice from the tenant or interpret a health and safety lease term to include COVID-19 as a reason for termination. Finally, the Executive Order applies only to residential premises and clarifies that no obligation of the lease, including rent payments, are relieved, however, it is unclear how and when those rent payments may be collected.

For more information on residential evictions, click here.