Governor Ducey extends his order which delays writs in eviction actions.

Zona Law attorneys Scott Baluha and Mark Zinman analyze Executive Order 2020-49 which extends the Governor’s Order on evictions through October 31, 2020. Essentially, landlords are allowed to file their case and seek writs, but if a resident provides certain information, the constable will not execute the writ of restitution. The resident has to show that they have been effected by COVID-19 and, after August 21, they have to show that they have applied for rental assistance from a government agency. This is a very low bar for residents and constitutes a significant burden for landlord unable to obtain possession from resident not paying their rent. While landlords can file a Motion to Compel and seek to bring the matter before a judge, this low bar set by the Executive Order, will burden property owners and managers and make such Motions very difficult.

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