Legal Question in Landlord & Tenant Law in Arizona

After paying a months rent for th following month and haveing no lease agreement. Can A landlord legally go into your home with out you there and take your stuff out and give it away to family and friends of his?


Asked on 9/12/09, 2:41 pm

2 Answers from Attorneys

Dustin Vidrine Wade & Vidrine, PLC

Assuming you had a residential lease in place (paying rent without a written lease means you had a month-to-month lease) then no, the land lord cannot go in, take your stuff and give it away.

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Answered on 9/17/09, 7:21 pm
Jeanne Whitney Whitney Law Office

As a tenant renting an apartment or house without a written lease, you would be considered a month-to-month tenant. Assuming the rent is current, the landlord would need to give you a written 30 day Notice Letter stating the lease has ended. Further, there are strict limitations on the seizure of a residential tenant's property. If you haven't already talked with the landlord, try it. Be sure to follow up any conversation with a written letter. Also, put your specific complaints and concerns in a letter, mailed as certified with the green return receipt card. You have the right to demand an accounting of any security deposit, also.

Note-if you are behind on rent, the analysis of your facts could be different.

If you are not able to informally work this out, you have the right to seek assistance from the Justice Court. I work in Cochise County so I would not be able to actually represent you. You might want to consult with a local attorney where you live. You can also take action on your own in small claims (less than $2000) or civil action in the Justice Court where the apartment is located. I charge $200/hour and might be able to help you prepare legal documents to start the court action. You can call me at (520) 507-2067. You can also find forms at

http://www.supreme.state.az.us/nav2/selfserv.htm where I know the Coconino County site has landlord/tenant forms. If you find a form that works for you, just cross off "Maricopa" or whichever other county is there and write in your county. You can check with the local Justice Court for forms, also.

Good Luck,

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Answered on 9/26/09, 12:40 am


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