Arizona Governor Doug Ducey Issues Order Mandating Postponement of Certain Residential Evictions

Snell & Wilmer

Snell & Wilmer

On March 24, 2020, Governor Ducey of Arizona issued Executive Order 20-14 “Postponement of Eviction Actions,” which postpones certain residential evictions for a period of 120 days. The terms of the Order are as follows:

  • All law enforcement officers and any person subject to the jurisdiction of the Constable Ethics Standards and Training Board shall temporarily delay enforcement of eviction action orders for residential premises when one of the following circumstances exist and are documented to the landlord or property owner: 
    • The individual is required to be quarantined due to a COVID-19 diagnosis;
    • The individual is ordered by a licensed medical professional to self-quarantine based on their demonstration of symptoms as defined by the CDC;
    • 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 CDC, 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.
  • A tenant, lessee or resident seeking eviction relief or delay based on one of the foregoing circumstances must notify the landlord or property owner in writing with any available supporting documentation.
  • The tenant, lessee or resident seeking such relief must also acknowledge that the contractual terms of the lease will remain in effect.
  • Landlords and property owners are prohibited from invoking a “health and safety” termination provision in any lease or rental agreement based on COVID-19 and, likewise, may not use any of the information or documentation provided by the tenant with respect to COVID-19 as contemplated by the Order as a justification for termination.
  • The Order will not, however, relieve any individual of the obligation to ultimately pay rent or comply with any other obligation that the individual may have under the terms of their tenancy.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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