Residential Eviction Efforts

Failure to Pay Rent. Where the landlord has obtained a judgment of possession prior to the bankruptcy filing, the landlord would be permitted to continue with the eviction upon the filing of a certificate with the court and service of the certificate on the debtor. The required certificate of the landlord needs to set out the facts that justify non-application of the automatic stay. 11 U.S.C. §362(b)(22).

The debtor would be able to keep the stay in effect for 30 days by certifying that the lease, under state law, was subject to being reinstated by curing the default and paying the cure amount within thirty days. 11 U.S.C. §362(l). The debtor’s request would be unavailable in all but rare circumstances in Arizona, as the Judgment of Possession – a Judgment of Forcible Detainer – is not subject to being reinstated without the consent of the landlord. The reinstatement need occur prior to the judgment being entered. A.R.S. § 33-1368(B).

Eviction Proceeding for “Endangerment of the Property or Illegal Use of Controlled Substances.” Where the landlord commenced an eviction for the reason of endangerment of the property or illegal use of controlled substances, and the alleged misconduct occurred within thirty days of the filing of the bankruptcy, the landlord is permitted to continue with the eviction upon the filing of a certificate with the court and service of the certificate on the debtor. The required certificate needs to set out the facts that justify the non-application of the automatic stay. 11 U.S.C. §362(b)(23).

In response, the debtor would be able to keep the stay in effect by a certificate denying the allegations. The court is then required to hold a hearing within ten days as to whether the circumstances exist or have been remedied.