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With unemployment filings at record highs and the economy in the tanks, many have been struggling to pay their rent.
However Gov. Dough Ducey threw them a lifeline in March, blocking people affected by COVID-19 from being evicted from their homes.
That order was scheduled to expire on July 22, but has been extended by the governor through Oct. 31.
Twenty-six justice courts in Maricopa County handle evictions and had been bracing for what might happen come that deadline.
To prepare for what could amount to a surge of evictions once the order is lifted, Maricopa County Justice Courts spokesman Scott Davis said justices of the peace and constables developed new policies and best practices for how to work with the requirements of the order.
The county looked at multiple adaptations to court procedures including scheduling eviction dockets more frequently than the normal once or twice a week, using more pro-tem judges to have more than 26 courtrooms going at one time, or other alternatives that may arise.
Mr. Davis said the new order extending that expiration date to Oct. 31 gives the courts additional time to plan for whatever might come after that date.
No eviction case is easy and each has its own set of circumstances, but judges listen to all the facts to make a ruling that complies with the law and these new requirements, he said.
“No one wants to see people lose their housing,” Mr. Scott said. “The intent of the governor’s orders has been to give temporary protection from eviction to those who meet certain criteria. Landlords and tenants both will have opinions on what is right and what is just, and what situations qualify for this protection.”
Data shows the initial order had a chilling effect on landlords and many held off on filing evictions cases that would have otherwise proceeded to court — Maricopa County eviction filings dropped 10% in March; dropped 64% in April; 75% in May; and 71% in June.
For the first six months of the year, Maricopa County was down roughly 11,000 evictions, or 37%, from the same time period last year.
And while this is good news because people are holding on to their homes, it raises a question — what happens in October?
Any number of things are possible after that time, one of which could be a tremendous surge in eviction filings, or perhaps a catchup period where many of those unfiled eviction cases make their way to court at the end of the year.
Mr. Davis said the courts cannot predict, they can only plan for the possibility.
It only raises more questions.
“What about those missing cases? Will landlords make up for those numbers by filing them all at once? Will they trickle in over several weeks’ time? Or will landlords just forego the rent they’ve not been getting? For tenants who were allowed to stay in their homes despite not paying rent, what happens to them? Will landlords demand all the money they are due at one time? Will the landlord immediately serve the tenant with a new eviction order? How will a tenant pay all the rent they’ve maybe not paid since April? The new order allows all stakeholders more time to develop workable solutions to these dilemmas,” he said.
Under the order, tenants may temporarily delay enforcement of eviction if one of the following circumstances exist and are documented to the landlord or property owner: the individual is required to be quarantined based on their diagnosis of COVID-19, is ordered by a licensed medical professional to self-quarantine, is required to be quarantined based on someone in the home being diagnosed with COVID-19, the individual demonstrates they have a health condition, that makes them more at risk for COVID-19 than the average person.
Enforcement of eviction may also be delayed if the individual suffered a substantial loss of income resulting from COVID-19, including: job loss, reduction in compensation, closure of place of employment, obligation to be absent from work to care for a home-bound school-age child, or other pertinent situations.
Michael Branham, constable for the Arrowhead justice courts, said if a person thinks they fit into one of these categories, they should contact their landlord in writing and include documentation to support their cause.
Community Legal Services created tenant COVID-19 notice documents for renters hurt by the pandemic to fill out for their landlords. They can be found at clsaz.org.
Mr. Branham said the governor’s order is not an excuse to stop paying rent, but a way to keep public health and safety intact.
“We are people-focused,” he said. “When there is an issue, we try to get as much timely information and wrap around services as possible for those who need it.”
The extended order from Gov. Ducey includes additional requirements to a tenant’s responsibility when requesting eviction protection.
After Aug. 21, a tenant will need to provide written documentation of requesting a payment plan from a landlord, and provide proof that they have applied for rental assistance from government or nonprofit sources.
“Judges will be reviewing the specific wording in depth to ensure the order is followed and appropriate protections are given to those who comply,” Mr. Davis said.
Eviction actions are lawsuits that can be multifaceted and complicated and include allegations of many things: nonpayment of rent, criminal activity, breaches of lease agreements such as noise complaints, unauthorized occupants, too many pets, and other reasons.
Craig Wismer, justice of the peace for the Arrowhead precinct, said if the only issue raised in the complaint is nonpayment of rent, according to law, a plaintiff is required to accept from the defendant payment that includes the full amount of rent, late charges, other fees called for in the lease agreement and costs associated with the lawsuit if the sum is tendered to the plaintiff prior to judgment being entered.
“This means that, even after a lawsuit is filed, if the defendant remits to the plaintiff funds to cover the above, the plaintiff must accept it,” he said.
Philip Haldiman is a third generation Arizona native with brief residencies on the east and west coasts.
He has bachelor’s degrees in Theater and Journalism at Arizona State University, and is an award winning journalist with more than 15 years worth of experience in reporting and editing.
Most recently, he took first place for investigative reporting and third place for best sustained coverage or series at the 2023 Arizona Newspapers Association awards.
In his free time, he produces an autobiographical comic book about his time spent in Hollywood and his life as a cult film star.
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