questions & answers

Question: I am in the process of evicting a roommate. I took it to court, and have to restart the court process because the 5 day eviction notice was not certified mail. She has left all of her things for about three weeks now. At what point am I legally allowed to move her belongings to put another roommate into her old room? And what would I have to do for her property to roll over into my possession, so I can legally remove it from my home or dispose of the items?

Answer: The procedures for dealing with a former tenants property are contained in A.R.S. 33-1370. You can store the propery onsite or at another storage location. You must notify the tenant by certified mail where the property is located. You must also post the notice on the property. You must hold and make the property available for at least 10 days after notice. You may charge the reasonable cost of storage. If the tenant does not claim the property within the 10 days you may sell it and apply to proceeds to any rent or other costs. Any excess must be provided to the tenant.