Landlord - Tenant Law Archives Page 2 of 7

Eviction After Foreclosure of Home

In Arizona, as a homeowner whose house has been foreclosed you have a finite amount of time to vacate. If you do not vacate during that time then you can be evicted by the new homeowner.

Non-judicial foreclosure:

Non-judicial foreclosures in Arizona are much faster and less formal than judicial foreclosures. Most residential mortgages and deeds of trust in Arizona include a power-of sale clause that allows the lender to foreclose non-judicially if the borrower defaults on the loan. In a non-judicial foreclosure, the lender follows a specific process outlined in state law and the mortgage agreement. This typically involves giving the borrower notice of default and an opportunity to cure the default.

Power of Sale Clause: Most residential mortgages and deeds of trust in Arizona include a power of sale clause. This clause allows the lender to foreclose non-judicially if the borrower defaults on the loan.
Notice Requirements: The non-judicial foreclosure process in Arizona is initiated by the lender providing the borrower with specific notices of default and intent to sell. These notices are typically sent by certified mail and must comply with statutory requirements.
Trustee Sale: The lender appoints a trustee, who is typically a neutral third party, to oversee the foreclosure process. The trustee is responsible for conducting the foreclosure sale.
Auction: The property is sold at a public auction, often held on the courthouse steps or at another designated location. The highest bidder at the auction becomes the new owner of the property.
No Deficiency Judgment: In most cases of non-judicial foreclosure, the lender is prohibited from seeking a deficiency judgment against the borrower. However, there are exceptions, such as if the borrower engaged in fraud or waste.
Timeline: Non-judicial foreclosures in Arizona are typically faster and less formal than judicial foreclosures. The timeline can vary but is generally quicker, often taking a few months to complete.
Redemption Period in Non-Judicial Foreclosure: Arizona does not have a statutory right of redemption period after a non-judicial foreclosure sale. (A.R.S. 33-811(E)). In non-judicial foreclosures, the lender can sell the property without court involvement as long as the deed of trust or mortgage includes a power of sale clause. In Arizona, the ownership interest passes to the new buyer at the foreclosure auction! This means that as soon as the house is foreclosed, the former owner is trespassing and the new owner may start the eviction process.

However, after a non-judicial foreclosure, borrowers may try and work out some kind of a deal with the new owner to stay in the house after the foreclosure date. But the new owner isn’t required to allow you to keep living on the property once they’ve purchased the house. For this reason, many home owners who are losing their house to foreclosure will vacate prior to the auction date. Additionally, all personal property located in the property at the time of the foreclosure auction becomes the property of the new owner and the former owner may have no rights to remove them.

Judicial Foreclosures in Arizona

Lawsuit Initiation: Judicial foreclosures in Arizona involve a lawsuit filed by the lender (typically the mortgage holder or beneficiary) against the borrower to obtain a court-ordered foreclosure sale.
Court Involvement: The entire judicial foreclosure process is carried out through the court system. The lender files a complaint in court, and the borrower is served with a summons and complaint, giving them an opportunity to respond to the lawsuit.
Court Decision: If the court finds in favor of the lender, it will issue a judgment of foreclosure and specify the terms of the foreclosure sale. This judgment specifies the terms of the foreclosure sale, including the date and location of the auction.
Auction: The property is then sold at a public auction, and the proceeds from the sale are used to satisfy the debt. If the sale does not cover the entire debt, the borrower will likely be protected by Arizona’s anti-deficiency statute.
Redemption Period in Judicial Foreclosure: A redemption period refers to the window of time in which a borrower can reclaim their foreclosed property by paying off what they owe on the loan and any other delinquent debt attached under the loan agreement. In Arizona, only properties that went through the judicial foreclosure process are eligible for a redemption period. If you meet these conditions, then you have six months from the date of the foreclosure sale to pay all outstanding loan amounts, fees, and costs to redeem the property. However, if the foreclosure occurs out of court, in a nonjudicial foreclosure, then there is no right to redeem the property.

ARIZONA RENTERS WITH LEASE AGREEMENTS

Arizona renters with a valid month-to-month lease may remain in the foreclosed property for up to 30 days from the date of the foreclosure.
Arizona renters with valid leases can stay in the foreclosed property until the termination of their lease. For example, if an Arizona renter has a lease that ends September 30, 2023, and a new property owner takes possession of the property May 1, 2023, the Arizona renter may remain in the home until September 30, 2023.
Exception to this Rule. The exception to this rule occurs when the new Arizona owner intends to move into the foreclosed property and make it their primary residence. In that case, the renter may NOT live in the foreclosed property for more than 90 days from the date of foreclosure.

eviction of former owner after foreclosure

Step One- Mail Notice to the Former Owners. Must be sent via certified mail.

Step Two- File a Forcible Detainer in Superior Court. My be filed in the Superior court, unlike typical evictions where they are filed in the Justice court.

Step Five- Writ of Restitution Against the Former Property Owners.

**The following paragraphs only apply to the eviction of the former owners of residential property lost to foreclosure in Maricopa County Arizona. For information on Writs of Restitution in traditional eviction cases click HERE. **

Former Owner’s Belongings Must Be Removed Prior to Writ. In Maricopa County, the new property owner is required to move the former owner’s belongings out of the property before the Maricopa County Sheriff’s Office (MCSO) will execute the Writ of Restitution. The new property owner must hire hire licensed and bonded movers with truck(s) capable of handling all of the occupants’ personal property. The new property owner must also pay for one month’s storage at an insured storage facility.

The occupants, former owners, do not have a contractual obligation to pay rent, rather they are unauthorized occupants that refuse to vacate. Although it is common for a judgment to include a monetary component for rents owed, that is a statutory result that is not based on a default of the lease.

It can be frustrating to new owners who are required to go through the normal eviction process, but then are not allowed to obtain a writ in the traditional way. The MCSO will not execute a writ against a former property owner under these strict rules are met with precision.

The MCSO does not provide a checklist or how-to instructions for new property owners and so we have created one from our experiences and conversations with the MCSO.

Step By Step Instructions for Coordinating the Execution of the Writ as a new property owners.

A deputy will contact the former owners/occupants and ask them to vacate the property in order to avoid the move-out/lock-out. The deputy provides them with a copy of the deed and writ and explains that they can move out voluntarily or they will be forcefully removed.
The deputy will give the occupants reasonable time to move all of their property so the property owner does not have to do so. The deputy will follow up with the occupants to determine whether they are making progress to voluntarily vacate.
If the occupants are making progress and demonstrating a good-faith effort to vacate, the deputy may allow them more time to move out on their own. The deputy may grant the occupants a few weeks to move.
The deputy will apprise the property owner of the occupants’ progress.
The landlord is free to negotiate a “cash-for-keys” agreement with the occupants to encourage a voluntary move-out prior to a move-out/lock-out. In this scenario the property owner MUST NOT enter into a lease agreement with the occupants that enables them in the property as tenants. The occupants should be paid only after they have vacated the property and removed all of their personal property.
The property owner must notify the deputy if the occupants move out, so the deputy knows that there is no longer a need to execute the writ of restitution.
If the occupants refuse to voluntarily vacate then the deputy will show up to supervise the move-out process on a designated date. The deputy will coordinate a move-out date with the occupants.
The deputy will show up at 8 a.m. on the move-out date and give the occupants approximately 30 minutes to pack up essentials and leave. The deputy will discuss with the occupants what personal property can and cannot be removed.
If the occupants will not leave at that time, they will be escorted from the property by law enforcement.
Once the former occupants are escorted from the property, the property owner is then free to take physical possession of their property.
The property owner is required to complete the move-out done in a single day! This means the property owner must figure out the logistics of the move. The deputy will NOT execute the writ if the move-out is incomplete or is not done correctly. The writ gets served on the property after the house is cleared out and the occupants’ personal property is secured in a storage facility.
The deputy will oversee the removal of the property to ensure that the occupants’ personal property is properly packed for transportation. The deputy will assist in determining whether something is trash or could reasonably be considered personal property.
The property owner must hire licensed/bonded movers to pack and move the occupants’ personal property. FYI, the MCSO Judicial Enforcement Division will NOT work with AZ Moves for Less b/c they have a history of doing a bad job. It is important to hire a reputable moving company that will do it right the first time.
The deputy will stop the move-out if he determines that the movers do not appear capable of getting the move complete in one day or if they are doing such a lousy job that the occupants’ property is at risk of damage.
The deputy will NOT start the move-out if he determines that there are insufficient movers to pack up the house or if there is not sufficient transportation to move all the occupants’ personal property to storage. It is very important to have enough movers, a large enough moving truck (possibly multiple trucks), and a large enough storage unit to contain all the property.
Movers are required to pack up and move anything that can reasonably be moved. This may include furniture, pictures on the wall, appliances, etc. Movers may be required to move large and heavy items. Anything not hard-wired and/or affixed should be moved.
Movers are not required to move food and perishable items. Movers are not permitted to remove fixtures, cabinets, doors, ceiling fans, etc.
The belongings must be transported to an insured storage facility. The property owner is required to pay for one full month of storage (30 days). The storage unit must be put in the occupants’ names so they may retrieve their property from the unit.
The occupants are responsible for retrieving their property before the 30 days ends. The occupants are responsible to pay for any extension of storage time.
The deputy will stay only a reasonable amount of time in the evening to complete the move-out. Movers do not have until midnight to finish the move should try to have the move completed during business hours or as close as possible.
The deputy will execute the writ when the house is empty, and the occupants’ belongings are in storage.
The locks can be changed upon execution of the writ.
Defendants are NOT allowed to return to the property for any reason after execution of the writ. They will be considered criminal trespassers and can be arrested.

If you recently purchased an Arizona property at foreclosure and have questions about the occupancy of the former owner, then then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

The Dunaway Law Group provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice and does not create a lawyer-client or attorney-prospective client relationship. Readers should not act upon this information without seeking advice from professional advisers. Additionally, this Firm limits its practice to the states of Arizona and New York

Common Landlord Mistakes

Arizona landlords have many different aspects they must manage to be successful. Listed below are a few of the more common mistakes Arizona landlords make and how to avoid them.

failure to fix tenant’s Requests for Repairs

For instance, Arizona landlords must provide adequate heating and cooling to their tenants.

A.R.S. § 33-1324(A)(4) of the Arizona Landlord-Tenant Act states:
Landlord is to “Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning…”
A.R.S. § 33-1324(A)(4)

A.R.S. § 33-1324(A)(6) of the Arizona Landlord-Tenant Act states: Landlord is to provide “reasonable heat and reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions…”
A.R.S. § 33-1324(A)(6)

If you are a landlord in Arizona and the A/C unit breaks down in the middle of the summer, you better fix the air-conditioner as fast as possible! You can create real problems for yourself if you don’t. It gets so hot in the summer that people and pets can suffer serious injury if they’re left in a house without any cooling. Especially if there are young children or the elderly.

A.R.S. § 33-1364 and A.R.S. § 33-1365 provides a list of financial damages an Arizona landlord is responsible for if they do not comply with the above statutes.

In addition to opening up yourself to legal problems it makes financial sense to maintain heating and cooling for your tenants. Turnover with tenants is very expensive for the landlord. Not only do you have to rehab the property but there is the cost of finding the new tenants and possible vacancies while you look for them.

If you tenants are comfortable and happy there is a greater likelihood that they will pay their rent on time and stay in the property for a longer period. If your tenants are uncomfortable, they will vacate at their earliest opportunity.

Does your Arizona residential lease agreement require the landlord to pay the utilities? If you’re a landlord and responsible for paying your tenant’s utilities then listen up.

Section 33-1364(B) of the Arizona Residential Landlord and Tenant Act states: “A landlord shall provide all utilities and services specified in the lease agreement.”

Section 33-1364(A) states in part: “If contrary to the rental agreement…the landlord deliberately or negligently fails to supply running water, gas or electrical service, or both if applicable, and reasonable amounts of hot water or heat, air-conditioning or cooling…the tenant may give reasonable notice to the landlord and do one of the following:

Obtain the utilities and then deduct their actual cost from the rent.
(If applicable) Pay the landlord’s delinquent utility bill and deduct from rent the actual cost of the payment the tenant made to restore utility services.
Obtain reasonable substitute housing during the period of the landlord’s noncompliance, in which case the tenant is excused from paying rent for the period of the landlord’s noncompliance.

Section 33-1364(D) states in part: “If a landlord is in violation of…this section, the tenant may recover damages, costs and reasonable attorneys fees and obtain injunctive relief.”

Additionally, you cannot deliberately cut off an Arizona tenant’s utilities because they are delinquent on rent and you’re mad. The utilities cannot be shut off until you have properly evicted them. Shutting off their utilities while they are still occupying the property is considered an act of retaliation.

What does all of this mean to you as an Arizona landlord? If the lease agreement says you are to pay the utilities then make sure it happens!

failure to Provide Tenant a copy of the Lease

Arizona landlords and property managers must make sure to comply with Section 33-1322 of the Arizona Landlord and Tenant Act! Failure to comply with this section can have very negative consequences. A.R.S. 33-1322 of the Arizona Residential Landlord and Tenant Act discuss the “Disclosure and Tender of Written Rental Agreement.”

A.R.S. 33-1322(A) states in part: “The landlord…shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following:
1. The person authorized to manage the premises.
2. A person authorized to receive court papers and to receive notices and demands.

33-1322(B) requires the landlord to inform the tenant in writing that the Arizona Residential Landlord and Tenant Act is available on the Arizona department of housing’s website.

33-1322(C) requires the landlord to keep this information current and refurnish the information when requested by the tenant.

Under A.R.S. 33-1322(E), an Arizona landlord is required to provide a copy of the signed lease agreement to the tenant within a reasonable time.

An Arizona landlord’s failure to provide their Arizona tenant a signed copy of the lease agreement is “deemed a material noncompliance by the landlord.” A material breach of the lease agreement by a landlord gives the tenants certain rights to sue for damages or even move out of the property without penalty.

So Arizona landlords, do the right thing! Make it a priority to do all of the little things right and it will save you money and time down the road.

failure to complete the lease agreement:

If you are an Arizona landlord it is extremely important that you take the time to properly complete the residential lease agreement. One important item is to fill in all the blank spaces on the lease agreement. The Arizona Residential Landlord and Tenant Act says that if any of the blank spaces are left empty this is a material breach of the lease agreement. A material breach of the lease agreement by the landlord would allow the tenant to unilaterally terminate the lease agreement! Don’t let this happen to you.

A.R.S. 33-1324(A)(6) states in pertinent part; “…A written rental agreement shall have all blank spaces completed. Noncompliance with this subsection shall be deemed a material noncompliance by the landlord…of the rental agreement.”

Tenant’s failure to sign LEASE AGREEMENT

Occasionally, I’ll be asked by a landlord what they should do in situations where they don’t have a signed lease agreement and the tenant isn’t paying. The Arizona Residential Landlord and Tenant Act addresses this exact issue.

Section 33-1314(B) of the Arizona Residential Landlord and Tenant Act states: “In the absence of a rental agreement, the tenant shall pay as rent the fair rental value for the use and occupancy of the dwelling unit.”

This rule extends to all people and not just formal tenants. So, for instance, if you invite a friend into your house to rent a room for $500 a month. Even without a written lease agreement you can evict that friend for non-payment of rent.

The “fair rental value” of an Arizona rental property can be disputed by reasonable people it is best to make sure that you have a written lease agreement in place before ever letting a tenant move into the property.

FAILING TO PROVIDE tenants with receipts

If you are an Arizona landlord, you should keep track of all payments from your tenant, and providing a receipt for each payment received. If you are a tenant, you should be keeping track of all payments to your landlord, and asking for a receipt for each payment tendered.

Rent payment receipts keep everyone on the same page. If you end up having to evict a tenant for non-payment of rent, and you have kept an accurate ledger, you will have a much easier time evicting your tenant than a landlord who is giving it his best guess, and doesn’t have any documentation to back up his claim. Receipts are your friend.

FAILURE TO Register with the County

Did you know that as an Arizona landlord you must register your rental property with the county assessor? Yes, that’s right. The Arizona Residential Landlord and Tenant Act you must register your rental property or potentially face serious consequences.

Section § 33-1902(A) of the Arizona Residential Landlord Tenant Act states in part: “An owner of residential rental property shall maintain with the assessor in the county where the property is located information required by this section…The following information shall be maintained.”

The name, address and telephone number of the property owner.
If the property is owned by a corporation, limited liability company, partnership, limited partnership, trust or real estate investment trust, the name, address and telephone number.
the street address and parcel number of the property.
The year the building was built.

A.R.S. § 33-1902(C) states that if the owner has not filed the information required by this section with the county assessor and the residential rental property is occupied by a tenant the tenant may choose to terminate the tenancy. The tenant must first deliver a 10 day notice to the landlord requesting compliance with this section. If the owner does not register the property within 10 days after receipt of the notice, the tenant may terminate the rental agreement and the landlord shall return all prepaid rent and security deposit to the tenant

Any changes to the property owner’s contact information must be updated with the county within 10-days. Once the rental property has been registered with the county they reserve the right to perform periodic inspections.

Registering a rental property with the county is pretty painless. They request basic property information such as; parcel number, street address, ownership information, and statutory agent information if applicable. Plus, Maricopa county requires a statutory agent for all property owners who live out of state. You can reach the Maricopa county assessor’s office by clicking HERE.

Don’t Delay the Inevitable!

As a property manager or landlord, you might often choose to let late payments extend passed a due date. Landlord’s who delay sending default notices and commencing evictions action often risk enduring longer “rent-free” periods than if the landlord immediately responded to the first delinquency. A landlord is generally better able to obtain overdue lease payments if the landlord promptly contacts the delinquent tenant to work out payment details.

In some instances, the landlord may obtain full payment. In other circumstances, the landlord may make concessions by providing a lease modification (i.e., lower rent payments; forbear a portion of future rent payments; etc.) so the tenant will agree to remain in the premises. In yet other situations, the landlord may need to pursue eviction proceedings. It is important to you bottom line, to attempt to minimize your risk.

Holding off on the eviction process, while negotiating with your tenant.

It is necessary to pursue eviction, purely for business purposes. As a landlord, you must increase your leverage, as you start the negotiation process. It provided a landlord the ability to dangle a carrot in front of his tenant, and create motivation for change! If the tenant cooperates in the negotiations and pays at least some of the past due rent, the tenant will obtain a lease modification. If the tenant is does not cooperate, the tenant will be evicted.

Assuming the tenant cooperates and a settlement is reached, the eviction may be cancelled, but a landlord cannot obtain a refund for court filing costs. Two other benefits of starting an eviction while negotiating with a tenant is that (1) the proceeding give you a firm deadline for an agreement, and (2) if negotiations break down, the tenant will have to vacate the property.

Ignoring your tenant’s imminent bankruptcy

As soon as a tenant files for bankruptcy, all legal proceedings against the tenant must be immediately halted. Pending lawsuits and eviction proceedings are also included! Once in bankruptcy, a tenant may be able to remain in the property rent-free for up to 60 days. It is less costly to pursue an eviction before a tenant files for bankruptcy and you must obtain the bankruptcy court’s permission before moving forward with the eviction.

If you are an Arizona landlord and need the assistance of an experienced Arizona attorney then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

The Dunaway Law Group provides this information as a service to clients and other friends for educational purposes only. It should not be construed or relied on as legal advice and does not create a lawyer-client or attorney-prospective client relationship. The law changes quickly and varies from jurisdiction to jurisdiction. As such, readers should not act upon this information without seeking advice from professional advisers. Additionally, this Firm limits its practice to the states of Arizona and New York.

Partial Rent Payments

accepting partial rent payments

Accepting a partial rent payment will prevent an Arizona landlord from evicting a tenant for non-payment of rent during that calendar month. If an Arizona landlord accepts any money from a tenant–even one dollar–that tenant cannot be evicted during that month for non-payment of rent.

A.R.S. 33-1371(A) states in part:

“acceptance of rent, or any portion thereof,..by the landlord constitutes a waiver of the right to terminate the rental agreement for that breach.”
A.R.S. 33-1371(A)

The above statute makes it impossible for an Arizona landlord to accept a partial payment and then evict that tenant during that same month for non-payment of rent. As a landlord, if you accept even $1 from your Arizona tenant then you must wait until the next month to begin the eviction process.

On the flipside, Arizona landlords have no obligation to accept partial rent payments. See the following statute.

A.R.S. 33-1371(A) states in part:

“A landlord is not required to accept a partial payment of rent or other charges.”
A.R.S. 33-1371(A)

What Should You do if a Tenant makes a Partial Payment?

An Arizona landlord should formally reject any partial payments made by a tenant. You need to return the payment along with a Notice of Formal Rejection of Partial Payment. Many tenants will submit partial payments hoping their landlord will accept it.

tenants receiving government subsidies

A.R.S. 33-1371 makes it clear that the acceptance of a housing assistance payment by a landlord does not constitute an acceptance of partial payment of rent or waive the landlord’s right to terminate a rental agreement for any breach by the tenant.

B. For the purposes of this section, a landlord’s acceptance of a housing assistance payment does not constitute an acceptance of a partial payment of rent or a waiver of a landlord’s right to terminate the rental agreement for any breach by the tenant.
A.R.S. 33-1371(B)

Specifies that acceptance of a housing assistance payment by a landlord does not constitute an acceptance of partial payment of rent or waive the landlord’s right to terminate a rental agreement for any breach by the tenant.

“Housing assistance payment” means any payment made to the landlord by a government agency, a public housing authority or any third party on behalf of a government agency, a public housing authority or any for-profit entity pursuant to a separate written rental assistance or subsidy contract between the landlord and the government agency, public housing authority or third party on behalf of a government agency, public housing authority or for-profit entity. Housing assistance payment does not include any payment made by a faith-based organization, a community action agency program or a nonprofit entity.
A.R.S. 33-1310(6)

A.R.S. 33-1310(6) Defines housing assistance payment to include any payment made to a landlord pursuant to a separate written rental assistance or subsidy contract by a:
- government agency;
- public housing authority;
- third party on behalf of a government agency, public housing authority; or
- for-profit entity.
  - Examples include (but are not limited to): A city or county public housing authority providing “Housing Choice Vouchers” or “Section 8” vouchers or a for-profit entity such as HOM, Inc., providing Rapid Rehousing or Permanent Supportive Housing vouchers.
A housing assistance payment does not include any payment made by a:
- faith-based organization;
- community action agency program; or
- non-profit entity.
- Acceptance of a partial payment of rent or any housing subsidy from a faith-based organization, community action agency or non-profit entity (absent of a contemporaneous written agreement) will waive the landlord’s right to terminate a rental agreement for any previous breach of the rental agreement by the tenant.
- If a landlord wishes to accept a partial payment of rent or any housing subsidy from a faith-based organization, community action agency or non-profit entity and not waive their right to terminate the rental agreement, then the landlord and tenant must enter into a contemporaneous written agreement at the time that the partial payment of rent or housing subsidy is made.

If you are an Arizona landlord and have questions about a tent making partial rent payments, then contact the Dunaway Law Group by messaging us HERE or calling our offices at 480-702-1608.

* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the states of Arizona and New York.

What is a Writ of Restitution?

Once an eviction judgment in obtained, an Arizona tenant has 5 calendar days to vacate the property. If the tenants do not voluntarily vacate within the 5 days, then an Arizona landlord can file a Writ of Restitution. The Writ of Restitution orders a constable–similar to a sheriff–to remove the tenants from the Property.

Upon arriving to the rental property, the Constable will let the tenants know that they have, anywhere from a few minutes to a few hours to vacate the Property. The tenants will have enough time to pack a bag of their essentials and leave. Whether it’s by reason or force, the tenants will be leaving when the constable orders.

When Will the Constable Execute the Writ?

When will the constable visit the rental property and actually remove the tenants? It’s impossible to give a precise estimate and the timeframe can vary wildly. When the Writ of Restitution is initially filed with the court the filing clerk must take the paperwork to the judge for his/her signature. Once signed by the judge it is delivered to the Constable. Sometimes, a judge may be busy or out of town and the Writ sits on their desk for days before it is signed.

Once the Writ is signed then it is delivered to the Constable for execution, and this can be another delay in the process. Most justice courts in Arizona, only have one Constable. So, if the Constable is on vacation, sick or receives a large number of Writs at the same time then it can take as long as two weeks before he is knocking on the property door! Though it usually takes 6 to 9 days for the Constable to actually show up to the rental property.

changing the doorlocks

It is strongly advised that the locks to the property are changed once the tenants have been removed by the constable. Ideally, a locksmith can go to the property at the same time as the constable and immediately change the locks. Sometimes, a constable is not able to communicate with the landlord prior to executing the writ of restitution. In these situations, send the locksmith to the rental property just as soon as possible.

In the picture below, you can see the constable, locksmith, and property owner all present during the execution of the writ.

Maricopa County constable serving a Writ of Restitution

How will i know if the tenants have already vacated the rental property?

There is no “scientific” way of knowing whether or not the tenants have left. Typically, by this point the tenants are not contacting the landlord and so they are not going to send an email or text informing the landlord they have left the property.

If a landlord lives near the rental property, then I recommend driving by–but do not make contact with the tenants–and look to see if there are signs that they are moving. For example, is there a moving truck in the driveway? Are people carrying out boxes? If you drive by at night are the cars gone and lights turned off?

Or, conversely, when you drive by the rental property are cars in the driveway and lights on in the house? If so, this is a good indication that the tenants have not left and have no intentions of leaving.

what if the tenant returns?

It is a Class C misdemeanor for an Arizona tenant to return to the rental after they have been removed by the constable / sheriff. Of course the tenant can return with the landlord’s permission but if you are a landlord and the tenants return without your permission then call the police. Do not confront the tenants.

what if the tenants leave their belongings?

If the tenants leave behind their belongings, then an Arizona landlord must maintain the tenant’s belongings for a minimum of 14 days from the date the Writ of Restitution is executed. Click HERE to learn more about the 14-day process.

If you are an Arizona landlord and would like to know more about Writs of Restitution, then call the Dunaway Law Group by phone at 480-702-1610 or message us HERE.

Evicted Tenants’ Belongings

Often, Arizona tenants will leave personal property on the premises after they have been evicted. As a landlord you cannot simply keep or throw away the former tenant’s belongings. The Arizona Landlord-Tenant Act requires the landlord to you maintain their possessions for at least 14 days.

Per A.R.S. § 33-1368(E) a landlord, must hold the evicted tenant’s possessions for a minimum of 14 days from the day the Writ of Restitution was executed (day the constable removed the tenants) issued.

As A landlord, you may

Keep the tenant’s belongings that the rental property for the 14 days,
Move the tenant’s belongings to an off-site storage facility,
Require the tenant to reimburse you for the actual cost of moving and storing their belongings during the 14-day period,
Prohibit the tenants from ever returning to the property without your explicit permission.

As a landlord you may NOT

Arizona landlords cannot require their former tenant pay for eviction judgment prior to releasing the belongings to them. Meaning you cannot require a tenant pay you for all back rent, late fees, attorneys’ fees, and court costs prior to returning their belongings. Again, an Arizona landlord may only demand payment for the actual cost of storing and moving the tenants’ belongings.
Dispose of the tenant’s property prior to the expiration of the 14 days.

catalogue the tenants’ belongings

You should itemize everything left behind by the tenants. If you do choose to remove the tenant’s belongings from the rental property, use considerable care, you will be responsible for any damage to their belongings. It is a good idea to photograph (take 100 – 200 pictures), and/or video the rental property so that you have an inventory of what was left behind. This will also give you the opportunity to catalog any damage to the rental unit itself. Take the inventory prior to moving any of the personal property from the rental unit.

After the 14-day period, if there has been no contact from the evicted party, and they have not claimed, or made and agreement to claim their property, an Arizona landlord may sell the items or dispose of the items that were left behind.

If you are a landlord and need help from an Arizona eviction attorney, then contact the Dunaway Law Group at 480-702-1608 or message us HERE.

These blog posts are not intended, nor shall they be deemed to be the rendering of legal advice. Reading these blog posts does not create an attorney-client relationship, nor shall it impose an obligation on the part of the attorney to respond to further inquiry. The Dunaway Law Group limits its practice to the states of Arizona and New York.