FOLLOW-UP CLARK BAR UPDATE: AUGUST 27TH 2021
Clark & Walker, P.C. - Attorneys at Law
Date: August 27, 2021
By: Christopher R. Walker, Esq.
COVID-19 - CDC EVICTION MORATORIUM DECLARED UNCONSTITUTIONAL
Last night the US Supreme Court deemed the CDC Order unconstitutional. So, evictions will not be postponed due to a CDC Declaration. If an eviction has been postponed, then we can Amend the Judgment to update the amounts owed + obtain the Writ. See attached form that will need to be completed with each unit/request. It will also need to be accompanied with an updated ledger, any post judgment agreement, and any landlord verification form from rental assistance.
We can Amend the Judgment / seek the Writ so long as: (1) the judgment has not been paid off; (2) there is not a pending payment plan that has not been breached; and (3) mgmt. has not signed a landlord verification form whereby they agreed to vacate a prior eviction judgment upon receipt of rental assistance and mgmt. received that rental assistance payment.
Although the CDC Order is deemed unconstitutional, the Cares Act remains in effect. Our Firm still recommends issuing a 30 day Cares Act Notice or using the Cares Act promise-to-pay agreement. The AZ Supreme Court has authorized Cares Act landlords to file on a five day non-payment notice but the lockout would not be issuable for 30 days after the non-payment notice is served. If the Cares Act does not apply, then the landlord may continue to use the regular five day non-payment notice.
5-30 NON-PAY NOTICE/FORM:
CLICK HERE
LANDLORD CERIFICATION INTAKE FORM:
CLICK HERE
If you have questions about this information, please consult with an attorney.
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