Paying Rent During the COVID-19 Pandemic

What happens if you fail to pay rent during COVID-19 Pandemic in Arizona? As Arizona and the rest of the nation battle the COVID-19 virus, many Arizonans find themselves out of work and unable to pay rent. In Arizona, unless the tenant and landlord agree to modify the lease agreement, rent is still due to the landlord on the agreed upon date. If the tenant fails to pay the rent, the landlord can proceed to file an eviction action against the tenant.

On March 24, 2020, Governor Ducey signed Executive Order 2020-14 and restricted the enforcement of evictions in Arizona for 120 days, or until July 24, 2020 if the residential tenant meets certain criteria. For instance, if a tenant is forced to self-quarantine based on his diagnosis of COVID-19, or if the tenant has a medical condition defined by the Centers for Disease Control that places him more at risk of COVID-19, the tenant cannot be evicted from his home until after July 24, 2020. The tenant must also provide notice of their qualifying situation to the landlord.

Although the Executive Order does provide financially troubled tenants with protection against eviction, it does not however protect the tenant from all of the consequences for not paying rent. For example, even if a tenant meets one of the qualifying situations detailed in the Executive Order, the landlord can still file an eviction actions against the tenant if the tenant does not pay his rent. The landlord can also secure a judgment against the tenant and request that the tenant pay the landlord’s attorney’s fees and costs associated with the action. The Executive Order only prevents the enforcement of the physical eviction, i.e. the removal of the tenant, until July 24, 2020.

Because there are substantial and negative ramifications associated with being evicted, it is important that a tenant is aware of what the Executive Order does and does not cover. Before deciding to forego paying rent in its entirety, the tenant struggling to pay rent should first contact the landlord to inquire into whether the landlord is open to modifying the lease Agreement to accommodate the tenant’s financial situation.

If you have any questions regarding your rental agreement and how the COVID-19 pandemic affects your legal obligations, contact one of our attorneys today at (602) 230-1393.

The complete Executive Order can be found here.