PHOENIX — It has been just more than two months since the governor’s executive order trying to put a hold on eviction actions for COVID-19 related reasons.
The order was meant to provide help to families who may be impacted physically or fiscally by the order.
Since the order has been implemented, there are signs of the number of evictions dropping.
According to data provided by the Maricopa County Justice Courts, evictions were down more than 10% in March compared to 2019. In April, evictions were down more than 64% compared to the previous year.
However, evictions are still occurring.
“Evictions do and have and will continue to go all through the COVID-19 pandemic,” Constable Mike Branham said. "The eviction is simply postponed at this point, not forgotten."
The order does not stop an eviction from taking place. Landowners can still bring a tenant to court and start the legal eviction. However the order prohibits carrying out the actual physical process of forcing someone to move out, as long as the tenant has a valid COVID-19 related issue.
If constables hear a valid excuse, they can delay enforcing the writ of restitution that goes along with a legal eviction. Often times landlords and tenants are encouraged to try and come to an agreement.
However, the landlord still has a right to go to court again.
“The landlord has a right to petition the court in what’s called an order to compel.” Constable Branham said.
There, a judge will decide whether or not a tenant falls under the protections provided by the law or the executive order.
Carol Werling knows the process too well now.
“I've been beyond nervous, scared – terrified even. I can’t sleep,” Werling said.
Werling thought she was protected by the governor's executive order. A mother and grandmother, Werling said she shut down her businesses in March after the governor's executive order asking folks to stay at home.
Werling also has a note from a doctor which says the mother (and grandmother) has medical conditions making her more at risk to get the virus.
Regardless, Werling got an eviction notice at the home she rents in Mesa.
“I'm stuck in limbo and I have three kids living her, three minor children. It’s scary and I don’t have anywhere to go.” Werling said.
Werling said the landlord initially offered a reduced rent but has not responded to follow-up emails accepting the terms and attempts to pay him.
12 News reached out to the landlord and his attorney. The attorney said they have no comment and are content to let the legal process play out.
A constable came to remove Werling, but she brought up the COVID-19 protections. The landlord has since petitioned the court for a motion to compel.
Werling called into court to plead her case on Tuesday. The decision now rests with a judge who will decide if Carol Werling can stay or will be forced to move out.
The family does have a Gofundme you can find here.
