Question: WHAT CAN I DO IF MY LANDLORD DESTROYED OR DISPOSED OF MY PERSONAL PROPERTY PRIOR TO 21 DAYS AFTER THE WRIT OF RESTITUTION WAS EXECUTED AND I MADE AN ATTEMPT TO RECOVER IT PRIOR TO THE 21 DAYS EXPIRING?
Answer:
Under Arizona law, a tenant may recover damages as determined by the court. (A.R.S. § 33-1368E)
If a landlord has disposed or destroyed the property that is subject to a writ of restitution before the 21 day holding period expires, the tenant should attempt to resolve the dispute directly with the landlord. If that fails, the next option is to look to the courts to obtain restitution for the disposed or damaged property under A.R.S. § 33-1368E. Depending on the value of the property it may be possible to file a small claims action. Your local courthouse can provide information about the small claims process and it is always a good idea to consult an attorney to discuss your options.
October 17, 2006
Legal Services Corporation