L a w O f f i c e s
M a r i c o p a C o u n t y C e n t r a l O f f i c e
TIPS FOR USING TENANT COVID-19 NOTICE
FOR POSTPONEMENT OF EVICTION ENFORCEMENT
DURING EVICTION PROCESS
- Use the Tenant COVID-19 Notice to give to your landlord/property manager if any of the following circumstances apply to you:
- You have been diagnosed with COVID-19 and must be quarantined;
- You have been ordered to self-quarantine by a medical professional because of your symptoms as defined by the Centers for Disease Control;
- Someone in your household has been diagnosed with COVID-19 and you must be quarantined;
- You have a health condition, as defined by the Centers for Disease Control, that makes you more at risk for COVID-19 than the average person;
- You have suffered a substantial loss of income as a result of COVID-19, such as job loss, reduced pay or compensation, your work place closed, an obligation to miss work to care for a home-bound school-age child, or other circumstances.
- When you give or mail the Tenant COVID-19 Notice to your landlord/property manager, attach any supporting documents available for one or more of the above listed situations.
- You are just required to provide the landlord/property manager supporting documents availableto you. If you have one or more of situations 1-4 listed above and you do not already have a document stating your situation, you should ask your medical professional for such a document. If you suffered substantial loss of income as a result of COVID-19, you may want to include notices from your employer or pay stubs.
- Before giving the Tenant COVID-19 Notice to your landlord/property manager, make sure you fill out the Notice and sign it. You should mail it or hand-deliver it to your landlord/property manager. Keep a record of the date you gave or sent it to your landlord/property manager.
- You should make and keep several copies of the form and documents you gave your landlord/property manager.
- You should provide the Tenant COVID-19 Notice and supporting documentation to the landlord/property manager when you first receive any notice of termination or eviction, including notices for nonpayment of rent, or when you are served with eviction papers.
- Courts in Arizona are handling hearings differently. If you receive a summons, you should call the court to confirm your court date and find out if the court is handling hearings telephonically.
AFTER EVICTION JUDGMENTS
- The landlord can still go to court and get a judgment against you, but providing these documents to your landlord/manager will keep the constable or sheriff from locking you out of your rental unit.
- After getting a judgment against you, the landlord can go back to the court after five days to get a writ of restitution. If the eviction action was filed based on an immediate and irreparable breach, the landlord can obtain the writ of restitution the day after the landlord gets a judgment. Writs of restitution are executed (served on a tenant or the rental unit) by a constable or sheriff. Youshould give your landlord/property manager the Tenant COVID-19 Notice and supporting documents as soon as possible in the eviction process and before the constable arrives at your home to lock you out.
- If you gave the Tenant COVID-19 Notice to your landlord/property manager and the constable still comes to your unit, give the Tenant COVID -19 Notice and documentation to the constable. If the constable still intends to lock you out of the unit, you may want to call an attorney immediately like Community Legal Services.
- You should not disclose confidential medical information related to a COVID-19 diagnosis unless the landlord states and signs in writing not to disclose or use the confidential medical information except to support your Tenant COVID-19 Notice. If you must provide confidential medicalinformation to the constable, you should also ask them to sign a statement that they will keep your information confidential. Keep a copy of this written agreement.
YOUR ON-GOING REQUIREMENTS AS A TENANT
- You are still responsible for all monthly payments of rent. If rent is refused by your landlord/property manager, save it for future payment for as long as you remain in the unit. Document the dates you tried to pay your rent.
- You are still obligated to comply with the Arizona Residential Landlord & Tenant Act or Residential Mobile Home Act for as long as you and your family reside in the unit.
- The judgment amount is not waived and late fees and other charges may continue to accrue while you and your family reside in the unit.
The Tenant COVID-19 Notice should only be used for evictions where the tenant has a right to remain in their unit due to the circumstances related to the COVID-19 public health crisis.
*These tips are based upon the Governor’s Executive Order, 2020-14 Https://azgovernor.gov/sites/default/files/eo_2020-14_0.pdf.
If there are further Executive Orders or Clarifications from the Court, Community Legal Services will update these tips.
Please keep checking Community Legal Services’ website for the latest updates and other documents CLS prepares for tenants to use