COVID-19 Emergency Eviction Procedures and Assistance


  • In May, the U. S. District Court for the District of Columbia granted a summary judgment, holding that the CDC lacked statutory authority to impose its COVID eviction moratorium. Alabama Assn. of Realtors v. Department of Health and Human Servs., 2021 WL 1779282, *10 (May 5, 2021). The court stayed its order pending appeal. On August 26, 2021, the United States Supreme Court vacated that stay. This means the CDC moratorium that temporarily prevented evictions in Arizona is no longer in effect. Consequently, the provisions of Section VI of Administrative Order 2021-129 (corrected 8/11/2021) now apply to Arizona eviction case processing.

  • Administrative Order 2021-129 provides interim procedures required for the courts and parties to resolve eviction actions that arose during the moratoria or were delayed by them. These procedures take into account the unique circumstances created by the moratoria to provide a process to allow landlords to regain possession of rental properties in a lawful manner and to help ensure that a tenant is neither wrongfully evicted nor subject to a judgment that fails to credit payments made by them or on their behalf. For a limited time, this order creates an alternative process to allow parties to amend judgments to reflect additional amounts owed and credit rental assistance monies received. This serves a dual purpose of reducing the number of new complaints filed and ensuring that court judgments are accurate.

  • The interim procedures are outlined on https://www.azcourts.gov/selfservicecenter/Landlord-Tenant-Disputes-Eviction-Actions/Process-for-Disposition-of-Residential-Eviction-Cases-Delayed-by-the-CDC-Moratorium-and-other-Moratoria

  • CARES Act Prohibition: The CARES Act prohibits landlords from charging penalties or late fees for unpaid rent during the 03/27/20 to 07/24/20, time period that the CARES Act moratorium was in effect. Although the federal government's CARES Act is no longer in effect, landlords must continue to use the "Attestation of Plaintiff" form at the time of filing an eviction and any other pleading seeking rent, penalties or interest. 

  • Mortgage Forbearance: Through 09/30/21, there is an ongoing moratorium on evictions for nonpayment of rent for properties with federal mortgages when the landlord is 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.

Tenants living in multifamily properties with Enterprise-backed mortgages, who need support may contact the appropriate Enterprise: 

   
   
  Form Title Form No.
Plaintiff Checklist For a Residential Eviction Action Filed in Justice Court  AOC EAGN5K   
Defendant Procedures  LJEA00005I   
Complaint AOC LJEA2F   
Attestation of Plaintiff - CARES Act Compliance by Plaintiff (sample satisfies AO 2020-119 requirements for landlords)  AOC LJEA8F   
Motion to Amend the Complaint  AOC LJEA18F  
Motion to Amend the Judgment  AOC LJEA16F   
Application for Writ of Restitution
AOC LJEA15F  
Motion to Compel Satisfaction of Judgment  AOC LJEA19F   
Satisfaction of Judgment  AOC LJEA12F  
Eviction Complaint by Tenant (Unlawful Ouster) AOC LJEA10F
  Form Title Form No.
Ruling on Application for Writ of Restitution and Motion to Amend Judgment
AOC LJEA17F  

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.