questions & answers

Question: I let a friend of mine live in my house rent free for about 7 months after she had a baby. I babysat and cared for the child while she worked and never charged her any money for childcare. After 7 months, she moved out but left most of her personal belongings in my house. It has now been 8 months since she left. How long does the law state that she has to come back and claim her belongings before her property is considered abandoned. And then do I legally take ownership of her property? I have also loaned her money which she has not paid back yet. Please advise. Thank you.

Answer: For information concerning your specific situation please contact an attorney. Click the following link: http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=36&articleid=151. See A.R.S § 33-1370 which defines abandonment. That statute indicates: "Abandonment" means either the absence of the tenant from the dwelling unit, without notice to the landlord for at least seven days, if rent for the dwelling unit is outstanding and unpaid for ten days and there is no reasonable evidence other than the presence of the tenant's personal property that the tenant is occupying the residence or the absence of the tenant for at least five days, if the rent for the dwelling unit is outstanding and unpaid for five days and none of the tenant's personal property is in the dwelling unit.

Question: I let a friend of mine live in my house rent free for about 7 months after she had a baby. I babysat and cared for the child while she worked and never charged her any money for childcare. After 7 months, she moved out but left most of her personal belongings in my house. It has now been 8 months since she left. How long does the law state that she has to come back and claim her belongings before her property is considered abandoned. And then do I legally take ownership of her property? I have also loaned her money which she has not paid back yet. Please advise. Thank you.

Answer: For information concerning your specific situation please contact an attorney. Click the following link: http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=36&articleid=151. See A.R.S § 33-1370 which defines abandonment. That statute indicates: "Abandonment" means either the absence of the tenant from the dwelling unit, without notice to the landlord for at least seven days, if rent for the dwelling unit is outstanding and unpaid for ten days and there is no reasonable evidence other than the presence of the tenant's personal property that the tenant is occupying the residence or the absence of the tenant for at least five days, if the rent for the dwelling unit is outstanding and unpaid for five days and none of the tenant's personal property is in the dwelling unit.