Legal Question in Real Estate Law in Arizona
Destruction of tenant property
Being a tenant in a residential rental, if the house is sold, and 30 days notice is given, does the realtor have the right to destroy all belongings that remain in the home after that 30 days, or can the landlord tenant act section which provides the regulations regarding removal, care and storage of the tenants personal property be used by the tenant to resolve issues with the destruction of her property?
Are there provisions elsewhere that cover a tenant's rights when a home is sold by the landlord and realtors or new owners take matters into their own hands?
Below please find the section I found that covers this under landlord tenant act. . The landlord shall hold the tenant's personal property for a period of twenty-one days beginning on the first day after a writ of restitution or writ of execution is executed as prescribed in � 12-1181. The landlord shall use reasonable care in moving and holding the tenant's property and may store the tenant's property in an unoccupied dwelling unit owned by the landlord, the unoccupied dwelling unit formerly occupied by the tenant or off the premises if an unoccupied dwelling unit is not available.
1 Answer from Attorneys
Re: Destruction of tenant property
When a leased property is sold, the new owner takes the property subject to the existing lease, and thus subject to the provisions of the Arizona Landlord and Tenant Act.
Unless the tenant abandoned the property or the new owner obtained a court order awarding possession of the property to him, the tenant still had the legal right to possess the property, and neither the new owner nor the realtor had any right to destroy the tenant's property at the end of the 30-day notice period.
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