Abandon Property After Move-out (AZ)

Abandon Property After Move-out (AZ)

Investor · Phoenix, AZ · Member since 2014 · 7 posts · 0 votes

I have a tenant who's lease expired at the end of May. We didn't see eye-to-eye on a few things towards the end so we both agreed to end the lease in writing earlier than the required 60 days notice (It was a month-to-month with 60 days notice).

She was a no-show on move out day and basically left the keys locked in the house and said she had a few items to still pickup and/or through away. We have left voicemails and left multiple text messages about the items with no response. 

Is there considered abandon property similar to an eviction and/or tenant just disappearing? The lease has legally expired.

I have taken pictures of what was left. Most of it was clothes/junk put in giant trash bags (about 15 bags). I assume it was meant to be trash but it could have been her way of packing for the move too. The only item of significance is an old style stereo cabinet that has a built in record player, speakers, etc. with a record collection (about 20 records). I have no idea if it works.

Do I need to store these items and if so for how long? I have no idea her new address and she won't respond to multiple phone calls and txt messages (Which is always her preferred method).

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  • Rental Property Investor · Park City, UT · Member since 2016 · 678 posts · 531 votes
    10y

    I was trying to see if I could find this in my local property code provisions but there didn't seem to be anything specific on timeframes.  You might take a look at your local codes.  Otherwise, I would put something in writing (assuming you have her email) giving her notice. 

  • Investor · Phoenix, AZ · Member since 2014 · 7 posts · 0 votes
    10y

    Thanks for the feedback Tony.

    In AZ the statute that I have read specifically state the tenant has 10 days. However, it only addresses the definition of abandon based on leaving the property unannounced and/or eviction.

    It just seems undefined for those that left after a properly terminated lease.

  • Investor · Vancouver, WA · Member since 2013 · 3k+ posts · 4k+ votes
    10y

    Follow landlord-tenant law for the jurisdiction for the location of the rental property. 

    You regained lawful possession of the premises, as evidenced by both word and deed of the tenant and per your mutual written agreement.

    It's only a matter of the tenant belongings left behind.Typically a landlord should make a reasonable effort to return valuables to the tenant. Often the law will require the landlord to securely store property left behind, notify the tenant by mail sent to the last know mailing address (the rental unit), and wait a specific number of days for the tenant to retrieve the property. If the tenant doesn't retrieve it, then the landlord can dispose of it.

    From what I read of AZ law, after you have legally notified her, she has 10 days to retrieve her property in the case of abandonment of the dwelling, which includes abandoning possessions. So, I would notify her by letter sent in the manner prescribed in AZ law and give her 10 days to take care of the matter.

  • Investor · Phoenix, AZ · Member since 2014 · 7 posts · 0 votes
    10y

    Thanks Marcia. That is my assumption too but still quite vague in the AZ law for this situation.

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