Arizona abandoned property law: certified notice, an inventory and a 14 day hold
A.R.S. 33-1370 is one of the most detailed abandonment statutes. It defines abandonment by days of absence and unpaid rent, requires a certified mailing plus a posted notice, and then makes the landlord inventory and hold the tenant's property for fourteen calendar days.
When is a unit abandoned in Arizona?
Subsection J defines abandonment two ways. First, the tenant is absent without notice to the landlord for at least seven days, rent has been unpaid for ten days, and there is no reasonable evidence other than the presence of the tenant's belongings that the tenant still lives there. Second, the tenant is absent at least five days, rent has been unpaid for five days, and none of the tenant's personal property remains in the unit.
Only after one of those happens can you start the process. Treating a short trip as an abandonment is the mistake the definition guards against.
How do you give notice?
Subsection A requires a notice of abandonment sent by certified mail, return receipt requested, to the tenant's last known address and any alternate addresses you know, plus a notice posted on the door or another conspicuous place for five days. Five days after the notice has been both posted and mailed, you may retake the unit and rerent it at fair rental value if no personal property remains. The deposit is then forfeited and applied to accrued rent and reasonable costs from the abandonment.
If belongings remain, subsection D adds a step: after you retake possession you prepare an inventory and notify the tenant of the storage location and cost in the same manner as the first notice.
How long must you hold the belongings?
Subsection F requires a hold of fourteen calendar days after you retake possession, using reasonable care in moving and keeping the property. If the tenant makes no reasonable effort to recover it, you may donate it to a qualifying charity or sell it. A tenant has no right of access until storage and removal costs are paid in full, except for clothing, tools and books of a trade, and identification and financial documents including those about immigration status, employment, public assistance or medical care.
You may store the goods in the abandoned unit, another unit or storage space. You need not store perishables, plants or animals. Subsection E lets you dispose of contaminated or biohazard items, and describes the steps for abandoned animals. If the value is so low that moving, storing and selling would exceed what a sale brings, you may destroy or dispose of the property.
Sales, proceeds and reclaiming
If you sell, you keep the proceeds toward outstanding rent and covered costs and mail excess proceeds to the tenant's last known address. For twelve months after the sale you keep records and hold undeliverable excess for the tenant (subsection G). A tenant who tells you in writing before the sale that they will remove the property has five days to reclaim it by paying only removal and storage costs for the period it was stored; you must surrender it within five days of a written offer to pay (subsection H).
Subsection I is a shortcut. If the tenant returns the keys while personal property is still in the unit, you may immediately remove and dispose of it without liability, unless you and the tenant agreed in writing to different treatment.
Example a made-up tenant is gone for eight days with ten days of unpaid rent and no notice, so the unit meets the first definition. The landlord mails certified notice and posts the door on a Monday. Five days later the landlord retakes the unit and inventories the goods. Fourteen calendar days after that, the property can be donated or sold if the tenant has not made a reasonable effort to recover it.
How DoorKeeping tracks it
With so many dates, DoorKeeping builds a timeline: absence start, mailing, posting, retake and the 14 day end. It keeps the inventory with photos and the certified mail receipt. Nothing is sent or sold until you approve it, and the money stays in your account. This is general information, not legal advice. Check the current statute or ask a local attorney before you act.
Sources
Questions
- How long must an Arizona landlord hold abandoned property?
- Fourteen calendar days after retaking possession, after which the landlord may donate or sell it if the tenant makes no reasonable effort to recover it.
- What notice does Arizona require for abandonment?
- A notice of abandonment by certified mail, return receipt requested, to the last known and any alternate addresses, and a posted notice on the door for five days.
- Can an Arizona landlord dispose of belongings right away?
- Yes if the tenant returns the keys while property remains, unless the landlord and tenant agreed in writing to other treatment.