Tenants Who Are Taking Advantage of the Eviction Moratorium

[Phil Savio]

Hello,
We have sent out a letter/email similar to what Brandon created and also added links to online applications to the expanded Arizona Unemployment program and Rental Assistance program.

Since there is a moratorium on evictions until July 23rd what I am now interested in is the process  in documenting, communicating, etc with the tenants who are taking advantage of this situation to not pay rent.

Out of 18 tenants there are 2 tenants who have not responded to the "Brandon" letter/email or requests for the rent. Dead silence.

In the Bigger Pockets Rental Property Management book there are 2 forms; 1) Pay or Vacate - In AZ 5 day if hand delivered/posted or 10 day if mailed and a Courtesy Late Rent Notice.  According to the attorney we use for evictions there is no point to suing for an eviction since the Constables won't serve. Then there is no sense in using the Pay or Vacate because it cannot be enforced. Perhaps it's better to use the Courtesy notice to document non-payment and add to it every month of non-payment? If it ends up that they don't pay for up to 4 months I want to be ready on July 24th to send their info to the attorney. Also should I provide information from the article below in highlighting what is expected from the tenant; e.g. their responsibility to contact us about their inability to pay, not all renters eligible for reprieve, etc?

I appreciate your ideas on this process

This is the relevant portion of the article about the eviction moratorium posted on Tucson.com By Capitol Media Services Mar 25, 2020 Howard Fischer

Arizona renters affected by COVID-19 will not be in danger of losing their homes, at least through July 23.

Gov. Doug Ducey, in an executive order Tuesday, barred police officers and constables from carrying out eviction orders under certain circumstances.

Not all renters will be eligible for the reprieve.

Under Ducey's order, relief will be available to anyone who is required to be quarantined based on a diagnosis of COVID-19 or has been ordered to self-quarantine by a licensed medical professional based on symptoms.

Evictions also can be avoided if someone else living in the home is diagnosed with the virus or if they have some condition "that makes them more at risk for COVID-19 than the average person.''

There also are financial triggers, with evictions precluded for anyone who suffers a "substantial loss of income'' linked to the virus, ranging from job loss, a cutback in wages, closure of their place of employment, or an obligation to be absent from work to care for a home-bound school-age child.

Arizona renters affected by COVID-19 will not be in danger of losing their homes, at least through July 23.

The relief is not automatic.

Tenants and residents must notify the property owner or landlord in writing and provide supporting documentation. They also must acknowledge that they remain bound by the terms of the lease.

There are exceptions. The order allows evictions if a judge determines they are necessary "in the interest of justice'' or if a tenant is being evicted for lying on a lease agreement about such things as employment, a criminal conviction, or having pets.

Ducey's order is effective for 120 days, meaning tenants who are still in arrears on July 23 — the 121st day — would be subject to eviction.