Legal Question in Landlord & Tenant Law in Arizona

Landlord Tenant ACT in Arizona

Hello

I have an ex tenant who left the rental property after 3 months of unpaid rent. He really was not evicted by the court because I did not sue him.

Now I am in possession of some of his personal belonging. Is it legal, based on Arizona current Landlord Tenant act, to keep it in lieu of unpaid rent.

Thanks,

Simon


Asked on 2/05/07, 1:57 pm

1 Answer from Attorneys
Stephen Follett

Re: Landlord Tenant ACT in Arizona

It is not legal to keep a tenant's belongings in lieu of rent. A landlord is liable if he keeps the property. However, there is a procedure by which you can attempt to sell the property and then credit that money against the debt. We recommend that procedure so that the landlord protects himself against frivolous accusations by angry tenants.

You could even be liable if you consider the belongings trash and throw it out. As an attorney for landlords, I have seen tenant's sue. Remember, one man's trash is another man's treasure....

Best of luck,

Stephen

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Answered on 2/17/07, 2:05 am


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