Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I am renting a room and I want to move out but the owner is not letting me get my belongings

Answer: Unless you owe unpaid rent, the landlord has no right to hold your possessions. If you owe unpaid rent, Arizona Revised Statutes 33-361 may apply. It reads in part: D. If the tenant refuses or fails to pay rent owing and due, the landlord shall have a lien on and may seize as much personal property of the tenant located on the premises and not exempted by law as is necessary to secure payment of the rent. If the rent is not paid and satisfied within sixty days after seizure as provided for in this section, the landlord may sell the seized personal property in the manner provided by section 33-1023. Please note that much personal property is exempt (your clothing and basic possessions like bed, tv, etc.) and no lien can attach to those items. If you do not owe unpaid rent, the landlord has no right, and you should consider calling the police and, if that doesn't work, consulting an attorney. Here is a link to the Arizona Residential Landlord Tenant Act containing the statutes I referenced and other helpful statutes. Please do be sure to comply with the specific notice requirements in each statute: https://housing.az.gov/sites/default/files/documents/files/Landlord-Tenant-Act-ADOH-Publication-July-2018_0.pdf