Evicted Tenants’ Belongings

In Arizona, tenants often leave personal property behind after being evicted. As a landlord, you cannot simply discard or keep their belongings. The Arizona Landlord-Tenant Act requires landlords to store the former tenant’s 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 an Arizona 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 an Arizona 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.
  • Additionally, Arizona landlord may not dispose of a former tenant’s personal property prior to the expiration of the 14 days.

Catalogue the Tenants’ Belongings

An Arizona landlord should itemize all personal property left behind by an evicted tenant. If you choose to remove the tenant’s belongings from the rental property, handle them with considerable care, as you will be responsible for any damage. It is advisable to thoroughly document the condition of the rental unit by taking 100 to 200 photos and/or recording a video. This not only provides an inventory of the abandoned property but also serves as evidence of any damage to the rental unit itself. Be sure to complete this documentation before moving any personal belongings.

After the required 14-day holding period, if the evicted tenant has not made contact, claimed their belongings, or arranged to do so, an Arizona landlord may sell or dispose of the unclaimed property in accordance with the law.

If you are an Arizona landlord and need help from an 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.

Home 9 Landlord - Tenant Law 9 Eviction 9 Evicted Tenants’ Belongings

Contact Us:

7 + 11 =

Search Our Site:

Blog Categories:

Most Popular Posts:

Contact Us:

7 + 15 =

You May Also Like…

Type 2 Non-Irrigation Water Rights

What are Type 2 Non-Irrigation Water Rights? In Arizona, water rights are categorized based on their usage. Type 2 non-irrigation water rights are specific to non-agricultural uses, such as industrial, commercial, or residential purposes. These rights are allocated...

read more

Alternative Path Adequate Water Supply

Arizona's New Alternative Path to Designation of a 100-Year Assured Water Supply Arizona recently enacted a groundbreaking law that provides an Alternative Path to Designation of a 100-Year Assured Water Supply. This Alternative Path provides additional flexibility...

read more

Rule 16 of Civ. Pro- Meet and Confer

Rule 16 of the Arizona Rules of Civil Procedure plays an important role in the pre-trial phase of a case. It is to help streamline proceedings and to "discourage wasteful, expensive, and duplicative pretrial activities." What is Rule 16 of Civil Procedure? Rule 16 of...

read more

Rule 26.1 Disclosure Statement

Rule 26.1 of the Arizona Rules of Civil Procedure requires that the parties to a lawsuit to exchange Initial Disclosure Statements within 30 (thirty) days of the defendant filing an Answer. These disclosure statements are often referred to as "Rule 26.1 Statements" or...

read more

Certificate of Convenience and Necessity

Certificates of Convenience and Necessity (CC&Ns) in Arizona are regulatory tools used primarily in the utility sector, particularly for water, wastewater, and electric services. They are granted by the Arizona Corporation Commission and serve several purposes,...

read more

Certificate of Assured Water Supply

Arizona's Certificate of Assured Water Supply (CAWS) is a crucial component of the state's water management strategy. Designed to ensure sustainable water use, the CAWS guarantees that new developments in Active Management Areas (AMAs) have a 100-year assured water...

read more