By Mark Zinman | Zona Law
It’s the beginning of a new year and a new legislative session. Landlord-tenant bills will be a hot topic in the legislature. A big part of that is based on numerous media reports about the high number of evictions we had in 2023. For example, there were reports that Maricopa County had the highest number of evictions ever in a month. The reports state that we surpassed the previous high, which was set in 2005. However, that does not give the full and accurate picture that is important for our readers to understand.
Reports allege that there were 7,900 evictions in August of 2005, and essentially that same amount in October of 2023. Therefore, it’s factually true that we are at the highest levels ever for a single month. What the reports fail to take into account is that our population has skyrocketed in that same time period.
In 2005, Maricopa County had a population of 3.539 million people. Whereas in 2023, there are an estimated 4.6 million people in the county. This is an increase in population of 30%. In other words, the population has increased 30% but the eviction numbers are just now reaching the same level.
If you were to use this same population growth percentage and apply it to the 2005 eviction numbers, it would be an extra 2,370 evictions per month for a total of 10,270 per month. The county is nowhere near that volume.
It’s critical that readers understand this because property owners and managers are the voice of our industry. For example, whenever these articles are written, people we know outside the office ask us about them. It’s our job to explain the reality of the numbers and what it really shows.
It’s also important to remember that just because an eviction is filed, does not mean the person is evicted. All of these reports talk about evictions filed, not people actually removed from their property. An eviction is a tool, albeit the last tool, to get a resident to pay. It is very common for a case to be filed, only to be dismissed because the tenant pays what is owed.
We did an analysis of our filings for October of 2023, and of the cases we filed, only 12.9% resulted in a writ being requested (generally, writs make up about 30% of filings). Further, even if a writ is requested doesn’t mean the person is removed, as they may pay before the constable goes to the property. (We do recognize that some residents may voluntarily move out without a writ being needed). Finally, in our numbers, 29.6% of all cases filed ended in dismissals, usually due to payment by the resident before even getting to court. Another large portion is satisfied after court by payment.
Therefore, when you read about the “record” number of evictions, be sure to talk to people you know and explain what is actually happening. Also, it’s important to stress that evictions are a last option for landlords. Landlords do not prosper by having to file evictions, deal with turnover costs, and face potential vacancies.