COVID-19 Processing Eviction Matters


 

 
  • Information for Tenants Seeking to Avoid Eviction: Due to the COVID-19 pandemic, qualified residential tenants in Arizona have two different ways to temporarily avoid being evicted: one is provided by the federal Centers for Disease Control and Prevention’s (CDC) order effective through 12/31/20; and the other is provided by Governor Ducey’s executive order 2020-49, effective through 10/31/20. 

  • CDC Order: Under the CDC order, beginning on 09/04/20 through 12/31/20, landlords are prohibited from taking any action to evict a residential tenant for nonpayment of rent if the tenant provides a “Declaration” similar to the sample form provided below. For more information on qualifying for this relief, go to the CDC Order Q&A. Tenants should be guided by “Tenant Checklist – CDC Order of 09/04/20”.
  • Governor’s Order:
  • Under the Governor’s order, to delay eviction until 10/31/20, tenants must (1) notify or renotify their landlord of ongoing financial hardship and provide supporting documentation, (2) request a payment plan, (3) acknowledge that the contractual terms of the lease remain in effect and (4) provide supporting documentation that they have applied for rental assistance (see "Notice to Landlord" form below). Tenants should be guided by "Tenant Checklist – Executive Order 2020-49".
  • Under the Governor’s order, the sole circumstance for delay of an eviction action is financial hardship related to the pandemic, and not due only to illness or the need to quarantine. ("Notice to Landlord – 10/31/20").
  • For more information about qualifying for this relief, read the “Tenant Checklist – Executive Order 2020-49.” 

  • CARES Act Prohibition: Although the federal government’s CARES Act is no longer in effect, landlords must continue to use the "Attestation of Plaintiff" form at the time of filing an eviction. 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 Act was in effect.
 
  Form Title Form No.
NEW - Declaration to Landlord for a Temporary Halt in Residential Eviction (usable 09/04/20 through 12/31/20)
AOC EAGN23F  
NEW - Declaration to Landlord for a Temporary Halt in Residential Eviction (usable 09/04/20 through 12/31/20) - BILINGUAL VERSION AOC EAGN23FS   
Plaintiff Checklist For a Residential Eviction Action Filed in Justice Court (REVISED) AOC EAGN5K  
Eviction Complaint by Tenant (Unlawful Ouster) AOC LJEA10F  
Summons (submit with Eviction Complaint by Tenant)  AOC LJEA1F  
Notice to Landlord - Postponement of Eviction Action (usable 08/12/20 through 10/31/20)  AOC EAGN21F  
NEW - Tenant Checklist – CDC Order of 09/04/20 AOC LJEA11F   
Tenant Checklist – Executive Order 2020-49  AOC LJEA9F  
Attestation of Plaintiff - CARES Act Compliance by Plaintiff (sample satisfies AO 2020-119 requirements for landlords)
AOC LJEA8F
Consent Order for Conditional Dismissal
AOC LJEA7F

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.