Arizona landlords received significant news this month when the Arizona Court of Appeals issued its decision in Barrera v. Sedona Point LLC, clarifying that the CARES Act’s 30-day notice requirement for nonpayment of rent no longer applies in Arizona eviction cases.
For rental property owners, property managers, and investors, the ruling removes years of confusion surrounding eviction timelines for properties with federally backed mortgages.
What Happened?
During the COVID-19 pandemic, Congress passed the CARES Act, which included a temporary federal eviction moratorium and additional notice requirements for certain rental properties. These rules applied to many properties with federally backed mortgages and government-supported housing programs.
After the federal eviction moratorium expired, questions remained about whether landlords were still required to provide a 30-day notice before pursuing eviction for nonpayment of rent.
Different courts and jurisdictions interpreted the law differently. In some cases, landlords were required to wait significantly longer than Arizona’s standard eviction timeline before regaining possession of their property.
The Arizona Court of Appeals has now provided clarity.
In Barrera v. Sedona Point LLC, the court held that the CARES Act’s 30-day notice provision was tied to the temporary federal eviction moratorium and does not continue to apply after the moratorium’s expiration.
What Changes for Arizona Landlords?
The practical impact is straightforward:
Residential Rental Properties
Landlords may once again use Arizona’s standard 5-day notice for nonpayment of rent.
Mobile Home Properties
Landlords may use the standard 7-day notice for nonpayment.
Federally Backed Mortgages
Owners of properties with federally backed mortgages are no longer required to use special 30-day nonpayment notices based on CARES Act requirements.
This effectively eliminates the old “5-30” and “7-30” notices that many landlords and attorneys had been using since the pandemic.
Why This Matters
For years, Arizona landlords faced uncertainty when dealing with nonpaying tenants.
The issue wasn’t simply about a few extra days. The lack of clarity created:
- Inconsistent court procedures across Arizona
- Additional legal costs
- Longer vacancy recovery timelines
- Increased financial losses for rental property owners
- Confusion among landlords, tenants, attorneys, and property managers
In some jurisdictions, landlords were waiting an additional 30 days before moving forward with the eviction process. In others, different interpretations created uncertainty about when a writ of restitution could be executed.
The Court of Appeals decision helps restore predictability to Arizona’s eviction process.
What This Does NOT Mean
While this ruling is favorable for landlords, it does not eliminate tenant protections or allow owners to bypass the legal process.
Landlords must still:
- Serve proper notices
- Follow Arizona landlord-tenant law
- Obtain court judgments when necessary
- Use legal eviction procedures
- Avoid self-help evictions such as lockouts or utility shutoffs
The ruling simply returns nonpayment cases to Arizona’s traditional statutory process.
The Bigger Picture
Arizona has long been viewed as one of the more landlord-friendly states in the country. Clear lease enforcement procedures help create confidence for housing providers, investors, and property owners.
When rental housing providers know that leases can be enforced through a predictable legal process, they are more willing to invest in rental properties and keep housing available to residents.
Predictability benefits everyone involved in the rental housing market. Owners understand the rules, tenants understand the consequences of nonpayment, and courts can apply a consistent standard.
Home Ladder’s Perspective
At Home Ladder, our approach to rent collection and lease enforcement remains unchanged.
We believe most issues can be resolved through proactive communication, clear expectations, and consistent follow-up. When rent is not paid, we follow a structured process that includes reminders, communication attempts, proper notices, and legal action when necessary.
The goal is not to create conflict. The goal is to create predictability.
This ruling provides welcome clarity for Arizona landlords and property managers while reinforcing the state’s commitment to a fair and consistent rental housing system.
As always, property owners should consult qualified legal counsel regarding specific eviction matters, especially if future appeals or additional court rulings affect this decision.