For years, Arizona property managers have operated under the shadow of the CARES Act—navigating inconsistent court interpretations, extended notice requirements, and unnecessary procedural hurdles. That era has now come to a decisive end.
In a recent ruling, Division II of the Arizona Court of Appeals has made it clear: the CARES Act is no longer in effect and no longer applies to post-pandemic eviction actions.
A Long-Overdue Clarification
Since its enactment on March 27, 2020, the CARES Act significantly disrupted eviction practices across Arizona. While the original 120-day eviction moratorium expired years ago, confusion lingered, particularly the question as to whether CARES Act-covered properties were still bound by the 30-day notice requirement for non-payment of rent.
This confusion led to inconsistent application across jurisdictions. Pima County courts imposed strict compliance with the 30-day notice requirement, while Maricopa County courts began moving away from that interpretation.
The turning point came in Acacia Heights II, LLC v. Faulmann, where the Maricopa County Superior Court held that the CARES Act’s 30-day notice requirement does not apply to rent defaults occurring after the expiration of the original moratorium period. Now, with the Arizona Court of Appeals issuing a ruling with near identical analysis and rationale, that interpretation is no longer optional—it is the law in Pima County and substantially persuasive authority in Maricopa County.
What Does This Mean for Operators
This decision is more than a legal technicality—it is a return to normal for Arizona property managers.
While there is a possibility that the decision will be put to the test by the Arizona Supreme Court if an appeal is made in the next thirty (30) days, for now, the CARES Act is no longer an operator’s concern. Here are the practical affects of this ruling that every operator needs to know:
- Operators of CARES Act covered properties are no longer required to issue 30-day non-payment of rent notices.
- Operators of CARES Act covered properties are no longer required to ensure the writ of restitution date is not earlier than the 30th day following the service of the non-payment of rent notice.
- Operators may resume operations that exited pre-pandemic and follow Arizona law in the enforcement of their lease and commencement of eviction actions.
Why Should this Matter to You?
For too long, the CARES Act has created unnecessary delay, increased financial exposure, and inconsistent outcomes depending on jurisdiction. This ruling restores predictability and empowers property managers to enforce leases efficiently and lawfully.
With the above said, the judiciary will take some time to digest all of these changes. We are aware that there is already planned training concerning the above-mentioned rulings. It is reasonable to expect that the judicial officers that preside over these cases will be informed over the next few weeks of this monumental change in the law.
If you have questions about how this impacts your operations or want to ensure your practices are compliant with Arizona law, contact our office. We are actively advising clients on implementing these changes effectively and strategically.
