COVID-19 Processing Eviction Matters

  • UPDATED - Information for Tenants Who Qualify for Eviction Delay: Under a Centers for Disease Control and Prevention (CDC) order extended through 07/31/21, landlords are prohibited from evicting a residential tenant for nonpayment of rent if the tenant qualifies to provide a "Declaration" similar to the sample form provided below. Plaintiffs in eviction actions who claim nonpayment of any rent, penalty, or interest must serve the supplement to the Residential Eviction Information Sheet (REIS) entitled "Information on Temporary Halt in Residential Eviction for Nonpayment of Rent" with the summons and complaint and the REIS until the CDC order expires on 07/31/21. The tenant should carefully review this information sheet and the declaration form before signing it and providing it to the landlord to verify the tenant's qualifications for an eviction delay. 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 03/28/21".

  • Administrative Order 2021-53:
  • Makes changes to pleading requirements, impacting the "Attestation" and "Pandemic Minute Entry." Plaintiff must include the amount received and how it was applied toward the obligation, and whether plaintiff entered into any agreement releasing plaintiff’s claims against the defendant. Plaintiff must further attest to compliance with any agreement regarding receipt of rental assistance to pay defendant’s rental obligation, and that plaintiff is not seeking a judgment for claim that was waived.
  • Provides added procedures upon tenant vacating premises and after expiration of CDC order. A plaintiff who could not obtain a judgment, a writ of restitution, or have a tenant removed due to a CDC order and chooses to proceed to judgment, to collect any additional accrued rental obligations since a judgment was obtained, or to proceed to evict the tenant must file a written motion for an initial appearance or to amend the judgment and, if necessary, must file an "Application for a Writ of Restitution."

  • A new "Checklist for Nonpayment of Rent Cases", "Findings on Forcible Detainers, Material Non-Compliance or Immediate Evictions" and "Ruling on Motion to Contest CDC Declaration" are provided for landlords who are seeking eviction not based on nonpayment of rent, such as material falsification, material health and safety, reoccurring material breach after tenant was given 10-day notice, and immediate eviction for criminal conduct (assault, controlled substances, knowingly submitting a false CDC declaration). The motion must be supported by a proper factual basis. 

  • Mortgage Forbearance: In addition to the CDC Order, through 09/30/21, there is a 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 protected by covered housing, go to Consumer Financial Protection Bureau's webpage for tools and information about additional requirements for landlords.

  • 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 and any other pleading seeking rent, penalties or interest. 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.
Application for Writ of Restitution  AOC LJEA15F   
Motion to Amend the Judgment  AOC LJEA16F   
Satisfaction of Judgment  AOC LJEA12F  
Pandemic Minute Entry  AOC EAGN25F   
Declaration to Landlord for a Temporary Halt in Residential Eviction (usable 09/04/20 through 07/31/21)
Declaration to Landlord for a Temporary Halt in Residential Eviction (usable 09/04/20 through 07/31/21) - BILINGUAL VERSION AOC EAGN23FS   
Information on Temporary Halt in Residential Eviction for Nonpayment of Rent (Plaintiff must serve with the REIS, Complaint and Summons) AOC EAGN24K  
Plaintiff Checklist For a Residential Eviction Action Filed in Justice Court AOC EAGN5K  
Eviction Complaint by Tenant (Unlawful Ouster) AOC LJEA10F  
Summons (submit with Eviction Complaint by Tenant)  AOC LJEA1F  
Complaint  AOC LJEA2F  
Tenant Checklist – CDC Order of 03/28/21 AOC LJEA11F   
Attestation of Plaintiff - CARES Act Compliance by Plaintiff (sample satisfies AO 2020-119 requirements for landlords)
Consent Order for Conditional Dismissal

  Form Title Form No.
Checklist for Nonpayment of Rent Cases  AOC EAGN26K   
Findings on Forcible Detainers, Material Non-Compliance or Immediate Evictions AOC LJEA14F   
Ruling on Motion to Contest CDC Declaration AOC LJEA13F   
Application for Writ of Restitution  AOC LJEA15F   
Motion to Amend the Judgment  AOC LJEA16F   
Ruling on Application for Writ of Restitution and Motion to Amend Judgment AOC LJEA17F   
Pandemic Minute Entry  AOC EAGN25F   

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.