In Arizona, if a tenant leaves behind their personal property a landlord must follow certain rules to avoid legal liability. These rules are regulated under AZ Rev Stat § 33-1370.
When is a Rental Unit Considered Abandoned in Arizona?
An Arizona landlord may not take possession of the dwelling unit unless it’s considered “abandoned.” A dwelling unit in Arizona is considered abandoned under one of the following circumstances:
- The tenant is absent from the dwelling unit for 7 consecutive days without notice, rent has not been paid in 10 days and the tenant’s personal property has been removed from the dwelling unit; or
- The tenant is absent for 5 consecutive days, rent has not been paid for 5 calendar days, and the tenant’s property remains in the dwelling unit.
A tenant shall be provided with a 5-Day Notice of Abandonment. Once the 5 calendar days have passed, the landlord may retake the dwelling unit.
When are Tenant Belongings Considered Abandoned in Arizona?
If a tenant leaves things behind, it depends on how and why the belongings were left.
Tenants Belongings Left Behind Voluntarily in Arizona
In Arizona, if a tenant’s belongings are voluntarily left behind after the tenant has the intent of moving out and showed the intent to move out by returning the keys to the dwelling unit, the landlord can immediately remove and dispose of the tenant’s belongings.
The law does not specify if a landlord needs to provide notice to the tenant prior to removing their belongings from the premises; however, it’s important to note that the lease agreement could outline additional procedures that the landlord can use after a tenant has given or received a move-out notice.
Tenant Belongings Left Behind After Disappearance in Arizona
If the tenant has disappeared and did not give the intent to move out, then the landlord cannot immediately remove the tenant’s personal belongings.
A landlord must first serve the tenant with a Notice of Abandonment. The notice shall be sent via certified mail, with a return receipt requested to the tenant’s last known address (or any other addresses provided by the tenant) and shall be posted on the door of the dwelling unit or to a conspicuous place at the dwelling unit for 5 calendar days.
After providing the Notice of Abandonment, the landlord has the right to move the items and store them elsewhere. If they do so, the landlord must provide additional notice of the location, inventory and cost of storing the items.
The landlord must hold the belongings for 14 calendar days after the landlord takes possession of the property.
If a tenant notifies the landlord in writing on or before the date that the landlord intends to sell or dispose of the items, the tenant will have 5 calendar days to reclaim the personal property. The tenant must pay for the cost associated with the removal and storage.
Tenant Belongings Left Behind After Eviction in Arizona
If the tenant is evicted, the following day after a Writ of Restitution is enforced the landlord can immediately remove the tenant’s belongings.
The landlord has the right to move the items and store them elsewhere. If they do so, the landlord must provide additional notice of the location, inventory and cost of storing the items.
The landlord must post the notice on the front door (or another conspicuous place at the dwelling unit) for 5 calendar days. The landlord must also send a copy of the notice via certified mail with a return receipt requested to the tenant’s last known address, or any additional address that is provided to the landlord.
The landlord must hold the belongings for 14 calendar days after the landlord takes possession of the property.
If a tenant notifies the landlord in writing on or before the date that the landlord intends to sell or dispose of the items, the tenant will have 5 calendar days to reclaim the personal property. The tenant must pay for the cost associated with the removal and storage.
What Can Landlords Do with Those Belongings While Waiting for Tenant to Claim in Arizona?
Arizona landlords must use “reasonable care” while holding the tenant’s property. The landlord may store the tenant’s personal property in the dwelling unit or any other available storage space that is owned by the landlord.
The tenant shall not have access to the personal property until the storage and removal costs are paid in full, except for the following items:
- Clothing.
- Professional or trade related tools, apparatus or books.
- Identification (i.e., driver’s license, passport, immigration status, employment status, public assistance or medical care).
- Financial documents.
The landlord does not need to store the following items:
- Perishable items.
- Plants.
- Items that are considered a biohazard.
- Items that pose a health and safety risk.
If the landlord determines that the value of the personal property is so low and the cost of moving and storing the items exceeds the amount for which it would be sold for, the landlord may destroy or dispose of the items.
It’s also important to note, that if a tenant leaves behind an animal after 1 calendar day, the landlord must immediately release the animal to a shelter or boarding facility.
If the landlord does not surrender the property, the tenant may receive the personal property or an amount equal to the damages determined by the court if the landlord has destroyed or disposed of the possessions before the 14 calendar days.
What Can Landlords Do with Abandoned Tenant Belongings in Arizona?
In Arizona, if the tenant who has disappeared or has been evicted does not claim their belongings in time, the landlord may donate the items to a charitable organization or sell the property.
Arizona law does not specify if a landlord can keep the tenant’s items for their own personal use or dispose of the items if they are not donated or sold. However, if the landlord determines that the value of the personal property is so low and the cost of moving and storing the items exceeds the amount for which it would be sold for, the landlord may destroy or dispose of the items.
For the items that are sold, the landlord shall apply the proceeds to outstanding costs (i.e., rent). Any additional proceeds must be returned to the tenant via mail and must be held for 12 months if the tenant does not collect the funds.
Sources
- 1 AZ Rev Stat § 33-1370 (2022)
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…J. … abandonment” means either of the following: 1. The absence…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. 2. The absence…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…
- 2 AZ Rev Stat § 33-1370 (2022)
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A. …the landlord shall send the tenant a notice of abandonment by certified mail, return receipt requested, addressed to the tenant’s last known address… The landlord shall also post a notice of abandonment on the door to the dwelling unit or any other conspicuous place on the property for five days…
- 3 AZ Rev Stat § 33-1370 (2022)
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I. … if the tenant returns to the landlord the keys to the dwelling unit and there is personal property remaining in the dwelling unit, the landlord may immediately remove and dispose of the personal property without liability to the tenant or a third party unless the landlord and tenant have agreed in writing to some other treatment of the property.
- 4 AZ Rev Stat § 33-1370 (2022)
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D. After the landlord retakes possession…and if the tenant’s personal property remains in the dwelling unit, the landlord shall prepare an inventory and notify the tenant of the location and cost of storage of the personal property in the same manner prescribed in subsection A of this section.
- 5 AZ Rev Stat § 33-1370 (2022)
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F. The landlord shall hold the tenant’s personal property for a period of fourteen calendar days after the landlord retakes possession of the dwelling unit.
- 6 AZ Rev Stat § 33-1370 (2022)
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H. If the tenant notifies the landlord in writing on or before the date the landlord sells or otherwise disposes of the personal property that the tenant intends to remove the personal property from the dwelling unit or the place of safekeeping, the tenant has five days to reclaim the personal property… If the landlord fails to surrender possession of the personal property to the tenant, the tenant may recover the possessions or an amount equal to the damages determined by the court if the landlord has destroyed or disposed of the possessions before the fourteen days specified in this section or after the tenant’s offer to pay.
- 7 AZ Rev Stat § 33-1370 (2022)
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…If the landlord fails to surrender possession of the personal property to the tenant, the tenant may recover the possessions or an amount equal to the damages determined by the court if the landlord has destroyed or disposed of the possessions before the fourteen days specified in this section or after the tenant’s offer to pay.
- 8 AZ Rev Stat § 33-1370 (2022)
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…landlord shall use reasonable care in moving and holding the tenant’s personal property.
- 9 AZ Rev Stat § 33-1370 (2022)
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E…The landlord is not required to store the tenant’s perishable items, plants and animals on behalf of the tenant. The landlord may remove or dispose of, as appropriate, the perishable items, including plants. At the landlord’s discretion, the landlord may remove and dispose of any personal property in the dwelling unit that is contaminated, may be considered a biohazard or poses a health and safety risk.
- 10 AZ Rev Stat § 33-1370 (2022)
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E…After notifying… and no retrieval occurs after one calendar day, the tenant’s abandoned animals may be immediately removed and released to a shelter or boarding facility. The landlord shall keep a record of the name and location of the shelter or boarding facility to which the animal was released. If the landlord does not immediately remove and release the abandoned animals to a shelter or boarding facility, the landlord shall provide reasonable care for the abandoned animals…If the landlord is unable or unwilling to provide reasonable care to the abandoned animals, the landlord shall notify the county enforcement agent…
- 11 AZ Rev Stat § 33-1370 (2022)
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If the landlord holds the property for this period and the tenant makes no reasonable effort to recover it, the landlord may donate the personal property to a qualifying charitable organization…or sell the property. If the landlord sells the property, the landlord shall retain the proceeds and apply them toward the tenant’s outstanding rent or other costs…excess proceeds shall be mailed to the tenant at the tenant’s last known address.
- 12 AZ Rev Stat § 33-1370 (2022)
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A tenant does not have any right of access to that property until the actual removal and storage costs have been paid in full, except that the tenant may obtain clothing and the tools, apparatus and books of a trade or profession and any identification or financial documents, including all those related to the tenant’s immigration status, employment status, public assistance or medical care.
- 13 AZ Rev Stat § 33-1370 (2022)
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The landlord may destroy or otherwise dispose of some or all of the property if the landlord reasonably determines that the value of the property is so low that the cost of moving and storing the property and conducting a public sale exceeds the amount that would be realized from the sale. Any tax benefit associated with the donation of the personal property belongs to the tenant. A landlord that complies with this section is not liable for any loss to the tenant or any third party that results from moving, storing or donating any personal property left in the dwelling unit.
- 14 AZ Rev Stat § 12-1178 (2022)
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E. On the day following the day that a writ of restitution or execution is executed pursuant to section 12-1181, the landlord shall comply with section 33-1370, subsections D, E, F, G, H and I regarding the tenant’s personal property.
