COVID-19 Emergency Eviction Procedures and Assistance


  • Due to concern for the spread of COVID-19 in the general population, the Governor of the State of Arizona declared a statewide public health emergency on March 11, 2020. Since March 2020, several federal executive, congressional, and federal court actions impacted tenant and landlord rights and the processing of eviction cases in Arizona’s courts. In response to these federal actions, several administrative orders concerning the disposition of residential eviction actions have been issued in response to the COVID-19 public health threat that modified court operations to ensure justice in Arizona is administered safely and in accordance with applicable state and federal law. The most recent such order, Administrative Order No. 2021-129 (corrected), was issued on August 11, 2021, and provided alternate procedures applicable when a federal moratorium on evictions was in effect in a county and when it was not.

  • On January 19, 2022, Chief Justice Brutinel signed Administrative Order No. 2022-14 that outlines the procedures that are applicable to eviction actions governed by Arizona Revised Statutes, Title 33, filed on or before March 31, 2022, in the superior court or a justice court, and delayed by any eviction moratorium or seeking judgment for unpaid rent accrued during an eviction moratorium.

  • Unless unexpected circumstances prompt the issuance of another administrative order, eviction actions filed after March 31, 2022, are to be processed in accordance with the Rules of Procedure for Eviction Actions without additional supplementation.

  • Mortgage Forbearance: Through 09/30/21, there was a moratorium on evictions for nonpayment of rent for properties with federal mortgages when the landlord was receiving mortgage forbearance (deferred payment) for buildings with 5 or more units. The building mortgage must be backed by Fannie Mae or Freddie Mac (FHFA), the Federal Housing Administration (FHA), the U.S. Department of Agriculture (USDA), or the Veterans Administration (VA). To find out if a tenant is in a residence covered by this moratorium, go to Consumer Financial Protection Bureau's webpage and Federal Housing Finance Agency's webpage for tools and information about additional requirements for landlords.

  • FHFA Multifamily Tenant Protections - Minimum 30-day Notice to Tenant to Move Out: No landlord (public or private) whose underlying financing for a multifamily property is backed by the federal government (e.g., HUD/FHA or USDA), purchased or securitized by the Federal Home Loan Mortgage Corporation (Freddie Mac) or the Federal National Mortgage Association (Fannie Mae), or that is receiving assistance from the federal government may require a tenant to vacate their unit for nonpayment of rent until 30 days after the landlord has provided the tenant with a Notice to Vacate. Therefore, writs issued for those properties will be made enforceable after 30 days from the date the “5-Day Notice” is provided as required by state law.
 

HOW TO FIND OUT IF A MULTIFAMILY PROPERTY HAS AN ENTERPRISE-BACKED LOAN: Tenants may use Fannie Mae’s and Freddie Mac’s multifamily property lookup tools to determine if they live in a multifamily property with a mortgage loan purchased or securitized by that Enterprise. These lookup tools do not include other federally-backed properties.

  • Fannie Mae’s Helpline: 877-542-9723
  • Freddie Mac’s Helpline: 800-404-3097
Rental Assistance
 
COVID-19 Eviction Forms
Form Title Form No.
Plaintiff Checklist For a Residential Eviction Action Filed in Justice Court AOCEAGN5K
Complaint AOCLJEA2F
Defendant Procedures LJEA00005I
Attestation of Plaintiff - CARES Act Compliance by Plaintiff AOCLJEA8F
Motion to Amend the Complaint AOCLJEA18F
Motion to Amend the Judgment AOCLJEA16F
Motion to Compel Satisfaction of Judgment and Order AOCLJEA19F
Satisfaction of Judgment AOCLJEA12F

 

 

The information offered on this site is made available as a public service and is not intended to take the place of legal advice. If you do not understand something, have trouble filling out any of the forms or are not sure these forms and instructions apply to your situation, see an attorney for help. Before filing documents with the court, you might consider contacting an attorney to help guard against undesired and unexpected consequences.

Not all forms may be accepted in all Arizona courts – you should contact the clerk of the court in which you will be filing to confirm the use of a particular form, determine whether any additional forms are required and verify the filing fees. The Supreme Court assumes no responsibility and accepts no liability for actions taken by users of these documents, including reliance on their contents.