COVID-19

 COVID-19

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CLARK BARS UPDATE - MARCH 24th 2020

Clark & Walker, P.C. - Attorneys at Law
Date: March 24, 2020

**REVISED** COVID-19 Eviction Protocol Update
By: Christopher R. Walker

Dear Client(s):

Today the Governor issued Executive Order 2020-14 which puts in place a temporary delay in the execution of writs of restitution in certain circumstances. Pursuant to the Governor’s Executive Order a constable may temporarily delay the execution of a writ of restitution in the following situations:

1. The individual is required to be quarantined based on their diagnosis of COVID-19.

2. The individual is ordered by a licensed medical processional to self-quarantine based on their demonstration of symptoms defined by the Centers for Disease Control and Prevention.

3. The individual is required to be quarantined based on someone in the home being diagnosed with COVID-19.

4. 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.

5. The individual suffered from a substantial loss of income resulting from COVID-19, including:
a. Job Loss;
b. Reduction in compensation;
c. Closure of place of employment;
d. Obligation to be absent from work to care for a home-bound school-age child; or
e. Other pertinent circumstances.

The Executive Order does not prevent landlords from filing evictions or otherwise give the Court leniency to delay execution of an eviction judgment. It is important for all landlords to understand that the Executive Order only changes the timing for the execution of the writ of restitution. Misinformation is already being promulgated about an eviction moratorium or a “halt” on evictions. Landlord’s should be assured that they will continue to have access to the court and the right to file evictions for tenants in default of their obligations under the lease and provisions of the Arizona Residential Landlord and Tenant Act.

Please be advised, it is the recommendation of the Firm that all clients continue to work with their residents during this pandemic. However, clients should not feel discouraged from seeking legal relief and commencing an eviction action to enforce their rights under the terms of the lease or Arizona law. The Firm does not endorse a cessation of eviction filings and recommends all clients proceed with the commencement of any and all eviction actions required to protect the property rights of the client and enforce the rights conferred under your respective lease agreements. The Arizona Multihousing Association has offered guidance consistent with the recommendations of the Firm. Together, we believe that a complete cessation of evictions will cause substantial harm to the multi-family industry and bring about many unintended consequences.