Gov. Ducey: Some Evictions

Governor Ducey Extends COVID-19 Eviction Protection until October 31, 2020

Governor Doug Ducey today signed an Executive Order extending a moratorium on residential evictions–for non-payment of rent–until October 31, 2020, providing continued protections for renters who are facing economic hardship as a result of COVID-19. The order ensures renters impacted by COVID-19 will be able to stay in their homes while extending the time to access rental assistance programs.

not granted to all arizona tenants

Governor Ducey’s executive order protects Arizona tenants from eviction if they have been negatively impacted by COVID-19. For example, they’ve been laid-off, had their hours reduced, actually had COVID-19 or someone else in the house has. The executive order comes into play after the entire eviction process is complete and a writ of restitution is filed to remove the tenants. If the constable goes to the property to remove the tenants but decides that they are protected under the Governor’s exemption.

motion to compel enforcement

If the constable won’t remove the tenants from your property then we have to file a Motion to Compel. With this motion we are asking the judge to order the tenants removed. A special hearing will be set. At this hearing, tenants can provide evidence and testimony showing that they fall under Ducey’s exemption and they should stay in the house. We will then be given the opportunity to explain why they are not exempted and should be removed. If the judge rules in our favor the constable will remove the tenants. However, if the judge rules in their favor they can’t be removed until the executive order expires, October 31, 2020

If you are wondering how Governor Ducey’s Executive Order is impacting your landlord – tenant situation then contact the Dunaway Law Group at 480-389-6529 or message us HERE.

*** VERY IMPORTANT TO NOTE: THIS WAS SUPERCEDED BY THE CDC’S STAY ON EVICTION***