Eviction

questions & answers

Question: I was evicted I still have belongings in the residence and my landlord refused to return . When does the 21 days my landlord must keep my property begin. Is it the day I went to court or when the constable licks you out?

Answer: Under Arizona law (A.R.S. § 33-1368(E)), if a tenant is evicted from a rental unit and leaves personal belongings behind, the landlord must hold those belongings for a period of at least 21 days beginning on the date that the court returns possession of the rental unit to the landlord by issuing a writ of restitution or execution. In other words, the clock only starts once the tenant has been told by a judge that the tenant must vacate the dwelling immediately. A landlord whose evicted tenant has left personal belongings behind is required to prepare an inventory and promptly notify the tenant of the location (as well as the reasonable cost of storage and removal, if any) of the tenant’s personal belongings by sending a notice by certified mail (return receipt requested) addressed to the tenant’s last known address and to any of the tenant’s alternative addresses known to the landlord. A tenant who is concerned that the landlord may destroy or dispose of the tenant’s personal belongings may write to the landlord offering to pay any reasonable costs related to the storage and/or removal of the tenant’s personal belongings. If a landlord receives such a letter, then the landlord is required, upon payment by the tenant, to arrange to have the tenant’s belongings returned within a period of 5 days. If the landlord fails to do so, then the tenant may recover those belongings or an amount equal to the damages determined by the court if the landlord has destroyed or disposed of them before the 21-day period has elapsed or after a written offer by the tenant to pay.