The global pandemic has impacted all aspects of everyday life and threatened the health and safety of millions of Americans. First and foremost, it is imperative that we note that 4:10 Real Estate does not want to pursue eviction matters during the COVID-19 Pandemic, however, there will be cases that it is unavoidable regardless of steps we as property managers take to avoid it.
In Arizona, executive and judicial leadership has responded to this emergency by issuing orders providing direction to the people of the state and to the judicial officers and employees of the Judiciary. At the federal level, Congress passed, and the President signed into law the CARES Act also impacting evictions.
These orders and new federal law have been widely reported and unfortunately in many cases misreported which has raised issues regarding the processing of eviction actions in Arizona’s Courts. Direct Guidance and clarifications as of April 29th, 2020 from the AZ Courts System can be read here
In short, non-payment of rent due to COVID-19 is not simply “stopping all evictions”- Evictions themselves are STILL happening (that is the court process in which proof of breach of contract, ie not paying rent, is heard by a court and a judgment of eviction is provided. The only thing that is currently temporarily postponed is the actual lockout by a constable after an eviction judgment happens. These lockouts are ONLY postponed when tenants supply qualifying proof of COVID 19 Hardship:
We have posted our Rental Assistance Policy and Request Form here https://4tenrealestate.com/2020/04/16/covid-19-rental-assistance-policy-and-request-form/ which notes the processes you must follow in order to be in compliance with the above criteria to avoid lockout after an eviction judgment. At this link, you will find a list of acceptable forms of documentation that we must be provided.
Avoiding Eviction Filing
Failure to follow the steps listed at that link and to provide 4:10 Real Estate the required documentation and verification will lead to Eviction filing in the courts.
Once Judgment is received:
Failure to provide the Constable the required documentation will lead to you being locked out of your home. If you are able to provide the constable the required documentation, then lockout will be postponed until July 22nd, 2020. (unless extended by the Governor of AZ) At that time, anyone with an eviction judgement against them can and will begin to be locked out.
It is best to avoid getting to that point by quickly and completely following the steps outlined in our Rental Assistance Policy
Avoiding Eviction Filing is only the 1st step in this process for tenants.
Payment Plan for Rents Owed
Step 2 is making the landlord whole regarding the contract you signed (your lease agreement). 4:10 Real Estate will be reviewing the documents you supply in step 1 with each homeowner. We will compare the debts owed (minus any amounts waived IF APPLICABLE) with the time remaining on your lease and will initiate a payment plan to bring any deferred rent owed current. A payment plan will note any waived amounts, which will include late fees and MIGHT include portions of rent owed depending on the homeowner. (not all landlords are able to waive anything nor are they required to) Items that are not waivable are Taxes and Tenant Liability Insurance fees.
We hope that this info is helpful in understanding more clearly what expectations of our tenants are during this COVID-19 Pandemic. As we keep saying, we have to work together to get through this time. Your swift action on the above steps (if any of this applies to you) is greatly appreciated and as always communicate, communicate, communicate with us.
Visit our post about Resident Relief often as we update links on it daily as we come across new resources that our tenants may benefit from. It is all very overwhelming but there is help out there, hoops have to be jumped through but money from the government as well as charitable organizations is out there to be collected and used specifically for rent during these times.
Thank You- Stay Safe and Healthy
4:10 Real Estate Team