Moratorium on Evictions Extended through June 30, 2021

On March 29, 2021, the Center for Disease Control extended the Temporary Halt in Residential Evictions to Prevent the Further Spread of COVID-19 https://www.cdc.gov/coronavirus/2019-ncov/covid-eviction-declaration.html through the end of June 2021.

In Arizona, that means that the current Supreme Court Administrative Order, 2021-19 https://www.azcourts.gov/Portals/22/admorder/Orders21/2021-19PDF.pdf?ver=2021-02-01-180240-090, remains in effect unless and until the Supreme Court updates that Order.

The short form of the “Moratorium” and Administrative Order is that landlords cannot evict tenants for non-payment of rent if the tenant makes a written avowal that their non-payment is as a result of a Covid-related health or financial issue. In plain English, though, Pima County Courts have liberally interpreted the Moratorium so that any tenant claiming the protection of the CDC Temporary Halt gets the benefit of the doubt, even if they do not comply perfectly with the terms of the Administrative Order.

Similarly, landlords cannot terminate month-to-month tenancies if the tenant owes rent, as the Supreme Court has explained: “Termination of a periodic tenancy is presumed to be due to nonpayment of rent, if unpaid rent, a penalty or interest is owed. The CDC order applies unless the plaintiff proves the termination was for a reason other than nonpayment of rent, penalties, or interest.”

If you wish to discuss this matter further, please contact Adam Weisman at: adam@hrtucson.com.