questions & answers

Question: I evicted a roommate and gave them 21 days to remove all of their belongings from my property. It was stated in the eviction notice, and agreed upon, that if after that period the belongings were not collected, that I had the right to dispose of said property as I see fit. The 21 day period ended September 2nd 2013. It is now October 17 and this person in threatening to take me to court because I will not allow collection of the property. Does he have the right to do that? What are my rights?

Answer: The following is provided for education purposes only and should not be construed as legal advice. In order to determine how the law applies to your specific situation, please consider contacting an attorney directly. You may want to review the Arizona Residential Landlord and Tenant Act. A.R.S. § 33-1368, discusses abandonment. Under Arizona law, if the premises have been abandoned, the landlord cannot dispose of or sell any of the tenant’s personal property for 21 days. (A.R.S. §§ 33-1368E – 33-1370). A notice of abandonment must be sent to the last known address of the tenant in order to “declare” abandonment. According to A.R.S. § 33-1370, “After the landlord has retaken possession of the dwelling unit, the landlord may store the tenant's personal possessions in the unoccupied dwelling unit that was abandoned by the tenant, in any other available unit or any storage space owned by the landlord or off the premises if a dwelling unit or storage space is not available. The landlord shall notify the tenant of the location of the personal property in the same manner prescribed in subsection A of this section.”