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Abandoned Property
Can we dispose of a tenant's belongings after they vacated without notice?

Can we dispose of a tenant's belongings after they vacated without notice?

Q: Does email count as written notice to landlord?

Email can count as written notice to a landlord if the lease allows for electronic communication. It's important to confirm that the landlord accepts email notifications and to keep a copy of the sent email as proof. If the lease does not specify, traditional methods like certified mail may be safer.

Q: Can you terminate a lease by email?

You can terminate a lease by email if the lease agreement permits electronic notices. Ensure that you follow any specific procedures outlined in the lease, and keep a copy of the email for your records. If in doubt, consider sending a written notice via certified mail.

Q: How to respond to a lease termination letter?

When responding to a lease termination letter, acknowledge receipt of the letter and confirm your understanding of the termination date. If you have any concerns or disputes regarding the termination, address them clearly in your response. Keep a copy of your response for your records.

Q: What is the most common action taken by landlords against tenants in breach of contract?

The most common action taken by landlords against tenants in breach of contract is to issue a notice to cure or quit, which gives the tenant a chance to remedy the breach. If the issue is not resolved, landlords may proceed with eviction proceedings. Legal advice is recommended to navigate this process correctly.

Full question:

Our tenant, who was on a month to month lease, sent an email on 3/4/14 stating that she vacated the premises as of 3/2/14. She did not give 30 days prior written notice, therefore violating the terms of the Lease. She stated that she had movers come in and move everything out and leave the keys for us in a drawer in the kitchen. When we went to the home yesterday, 3/5/14, there were several pieces of big furniture, and lots of other items left in the home, along with lots of trash, dog urine ruined carpet and floor boards. Are we, required to store those belongings for a certain period of time before we can dispose of it all? Or, because the Tenant stated that she vacated as of 3/4/14, are we legally able to dispose of all remaining items so that we can begin the work it will take to return the home to a habitable condition?

Category: Abandoned Property
Date: 04/07/2025
State: Arizona

Answer:

According to Arizona law, specifically Arizona Statutes Section 33-1370, if a tenant abandons a dwelling unit, the landlord must follow certain procedures. You should send the tenant a notice of abandonment by certified mail to their last known address and post a notice on the property. After five days from posting and mailing the notice, if the tenant has not retrieved their belongings, you may retake possession of the unit.

If the tenant has left personal property behind, you are required to hold it for ten days after declaring abandonment. During this time, you must make reasonable efforts to store the belongings safely. If the tenant does not make reasonable efforts to recover their items within that period, you can sell the property and apply the proceeds to any outstanding rent or costs incurred due to the abandonment. Any excess proceeds must be sent to the tenant at their last known address.

In this situation, since the tenant did not provide proper notice and left items behind, you must adhere to these steps before disposing of the belongings.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can you email a notice of termination?

Yes, you can email a notice of termination if both parties agree to electronic communication. However, it’s best to check your lease agreement for specific requirements regarding notice delivery. Some leases may require written notice to be sent via certified mail or delivered in person. Always ensure you keep a record of the email for your files.