Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My tenants have two months left on their lease. They have moved out and my home is empty. They have made and given keys to cleaners and repair people without my knowledge or permission. Is this legal? Can I have the locks changed even though they are still paying rent?

Answer: Under the Arizona Residential Landlord and Tenant Act, a tenant who is continuing to pay their rent is not considered to have abandoned the property. A.R.S. 33-1370(J) says the following: “For the purposes of this section ‘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.”

QUESTIONS

  • My tenants have two months left on their lease. They have moved out and my home is empty. They have made and given keys to cleaners and repair people without my knowledge or permission. Is this legal? Can I have the locks changed even though they are still paying rent?

STORIES

  • I just helped my mother, age 89, deal with her Medicare HMO. . .
  • Age discrimination in the workplace. . .
  • If you get a divorce, make sure your date of birth is on the Decree if your name is changing!. . .

LegalLEARN

YOUR FEEDBACK IS NEEDED

FIND LEGAL HELP

  • Please select your county of residence below.

    County:
     

OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

ORGANIZATIONS