When Can I Take Possession of My Rental Property, and What Do I Do With a Tenant's Belongings?

Taking back your rental property requires following Arizona law step by step. This guide outlines the process of regaining possession and handling any belongings left behind.

Quick Answer

• You can only take possession after getting a court order or following abandonment rules.
• Never lock out tenants or shut off utilities without a court order.
• If the tenant leaves belongings, store the belongings safely for the required amount of time and notify the tenant.
• A landlord must generally store a tenant’s belongings for at least 14 days and follow the specific process for any items left behind.
• Always document everything with photos and written records.
• Get legal help if you're unsure about any step.
• Avoid "self-help" (taking action without legal authority) that could get you in legal trouble.
• Follow all notice requirements exactly as written.

When Can the Landlord Legally Take Possession?

Court Order (Eviction)

You must go to court first in most cases. Here's the process:

• Serve the correct notice for the type of eviction (nonpayment of rent, irreparable breach, material noncompliance), then wait the prescribed amount of time according to statute. A.R.S. § 33-1368.
• File an eviction case with the proper court.
• Have a constable or process server serve the summons, complaint, and any exhibits, to the tenant(s).
• Wait for the court hearing, and attend the hearing.
• Get a court order if you win.
• In many cases, you can file a writ of restitution to remove the tenant after five (5) calendar days from the date of the judgment (some cases allow a writ to be filed the next court day). However, if the fifth (5th) calendar day falls on a weekend or court holiday, the court will typically assign the case a writ date for their next business day.
• Take possession of the property only after official removal. 

See A.R.S. § 33-1368, A.R.S. § 33-1377, A.R.S. § 12-1178(C).

Important: You cannot skip court and remove tenants yourself.

What Should the Landlord Do if the Tenant Appears to Have Abandoned the Property?

Confirm Abandonment

The tenant may have abandoned the property if:

• Tenant has been gone for several days (5 days or more).  See below for more detailed information regarding the rules on abandonment and timeline for tenant absence.
• Rent is unpaid.
• No personal property is left. (Or, if personal property is left, the tenant must have been gone for at least seven (7) days, the rent must have been unpaid for 10 days or more, and there is no reasonable evidence of occupancy “other than the presence of the tenant’s personal property”). 
• No response to contact attempts.

See A.R.S. § 33-1370(J)(1)-(2).

Post Required Notices

If NO personal property is left behind and the home appears abandoned:

• Tenant’s absence must be at least five (5) days.
• Rent must be unpaid for five (5) days or more.
• A proper notice of abandonment must be placed on the door of the rental unit and any other conspicuous place on the property.
• Mail the required notice via certified mail (return receipt requested) to the tenant's last known address. You may also text/email the notice as an extra courtesy, but it doesn't replace the statutory mailing.
• Wait the required amount of time before entering the rental unit after posting the proper notice of abandonment (5 days).
• Keep copies of all notices sent to the tenant.

See A.R.S. § 33-1370(A)-(B), (J)(2).

If personal property IS left behind and the rental unit appears abandoned:

• Tenant’s absence must be at least seven (7) days.
• Rent must be unpaid for 10 days or more.
• A proper notice of abandonment must be placed on the door of the rental unit and any other conspicuous place on the property.
• Mail the required notice via certified mail (return receipt requested) to the tenant's last known address. You may also text/email the notice as an extra courtesy, but it doesn’t replace the statutory mailing. 
• Wait the required amount of time before entering after posting the proper notice of abandonment (5 days).
• Keep copies of all notices sent to the tenant.

See A.R.S. § 33-1370.

Take Possession Legally

After the waiting period:

• Document the property condition (photos, videos, etc).
• Landlord may retake possession of the dwelling unit. 
• If no personal property remains in the dwelling, the landlord may re-rent the unit at fair rental value.
• Follow the law regarding any personal property left behind. (See below for additional information.)
• Keep detailed records.

See A.R.S. § 33-1370.

Voluntary Surrender

You can take possession immediately if:

• The tenant gives you the keys.
• The tenant confirms in writing that they have moved out.
• The tenant clearly gives up the property.

See A.R.S. § 33-1370(I).

What Should the Landlord Do if the Tenant Leaves Personal Property Behind?

Step 1: Secure and List Items

• Take photos of all belongings.
• Make a written list of the items left behind.
• Store the items safely.
• Don't throw anything away immediately.

See A.R.S. § 33-1370(D).

* A landlord is not required to store the tenant's perishable items, including plants, but should take pictures before doing so.  The landlord may immediately dispose of any personal property in the dwelling unit that is contaminated, that might be considered a biohazard, or that may pose a health and safety risk.  See A.R.S. § 33-1370(E).

Step 2: Notify the Tenant

• Send written notice about the belongings.
• Tell them where the items are stored.
• Explain any storage costs the tenant will have to pay to pick up the property.
• Take reasonable care if moving any of the tenant’s property.
• Use certified mail, return receipt requested, to notify the tenant when possible.
• Keep a copy of any written notices that were sent.

See A.R.S. § 33-1370(D).

Note: If animals are left behind, follow specific legal rules for abandoned animals listed below. A.R.S. § 33-1370, A.R.S. § 33-1314.  (See below for additional information.)

Step 3: Wait for the Required Time

A landlord is generally required to hold the tenant’s personal property for at least 14 days after retaking possession of the property. 

See A.R.S. § 33-1370(F).

Step 4: After the Waiting Period

If the tenant has made no reasonable efforts to recover the property, after the waiting period, you may:

• Donate the items to a qualified charitable organization as defined in A.R.S. § 43-1088, or an otherwise recognized charity, and retain a receipt for the donation when possible.
• Sell items and apply any money to unpaid rent or other costs, send any extra money to the tenant's last known address.*
• Dispose of items with little to no value.

See A.R.S. § 33-1370(F).

*Note:  If you sell any of the tenant’s abandoned property, you will need to keep adequate records of the sale of the property, as well as adequate records for any outstanding unpaid rent, for a period of 12 months.   If there are any excess proceeds after the sale of the tenant's property, you must also hold for the benefit of the tenant any excess proceeds that have been returned as undeliverable. See A.R.S. § 33-1370(G)(1)-(2).

Special Rules for Essential Items

Tenants may be able to get these items immediately without paying storage fees:

• Clothing.
• Work tools.
• Identification documents.
• Documents related to the tenant’s medical care (and other critical documents related to public assistance, employment status, or immigration status).
• Financial documents.

See A.R.S. § 33-1370(F).

Special Rules for Abandoned Animals

If animals are left behind:

• Contact the tenant, or anyone previously authorized by the tenant, to retrieve the animal. 
• Wait at least one calendar day to allow for retrieval of the animal.
• Work with the tenant, or person authorized by the tenant, to allow for retrieval of the animal.
• After the waiting period, the abandoned animal may be immediately removed and released to an appropriate shelter or boarding facility.
• Keep a record of the boarding facility or shelter to which the animal was taken.

Note:  If the tenant leaves animals behind, make sure they have proper food, water, and a safe environment to help avoid legal issues.

See A.R.S. § 33-1370(E), A.R.S. § 33-1314(E)-(G).

Note Regarding Security Deposit 

Important: After a landlord follows all legal rules, then retakes a dwelling unit after abandonment, any “money held by the landlord as a security deposit is forfeited and shall be applied to the payment of any accrued rent and other reasonable costs incurred by the landlord by reason of the tenant's abandonment.” See A.R.S. § 33-1370(B).

Duty to Mitigate Damages

• As a landlord, you are required to mitigate damages.
• After you have correctly followed all processes, and have legally taken possession of the property, you must make reasonable attempts to re-rent the property at a fair market value.
• If you re-rent the property on a date before the end date of the abandoned rental agreement, the abandoned rental agreement is deemed terminated, and the new tenancy begins.
• If you fail to make reasonable efforts to re-rent the property at a fair rental value, the abandoned lease is deemed terminated as of the date you had notice of the abandonment.

See A.R.S. § 33-1305(A), A.R.S. § 33-1370(C).

Checklist: Before You Change Locks or Enter the Unit

•       [ ] Confirm legal right to possession

•       [ ] Post all required notices

•       [ ] Wait all required time periods

•       [ ] Document property condition with photos

•       [ ] List any belongings left behind

•       [ ] Verify local Maricopa County rules

•       [ ] Keep copies of all paperwork

Do’s and Don'ts

FAQ

Q: My tenant texted that they moved out. Can I change locks now?

A: Only if they returned keys or confirmed move out in writing.

Q: How long must I store a tenant’s belongings if the tenant did not return the keys to the unit?

A:  Follow A.R.S. § 33-1370(F) for property left behind. If the tenant abandons the property, and does not return the keys, you may need to consult with an attorney on the abandonment and/or eviction process. A.R.S. § 33-1370. A.R.S. § 33-1368. 

Q: How long must I store a tenant’s personal property after a tenant returns the keys?

A: If the tenant returns the keys of the dwelling unit, the landlord may immediately remove and dispose of any personal property without liability to the tenant (“Unless the landlord and tenant have agreed in writing to some other treatment of the property”). Learn more here: A.R.S. § 33-1370(I).

Q: Can I shut off utilities to make tenants leave?

A: No. This is illegal and can result in penalties up to two months' rent.

Q: What if I already changed locks without following these steps?

A: Contact an attorney immediately. You may face legal claims for wrongful eviction.

Q: Where do I find local Maricopa County rules?

A: Contact the court clerk's office or check the court's website.

Q: What counts as abandonment?

A: Generally includes extended absence, unpaid rent, and apparent move-out. See above for specific rules depending on case scenarios.

Q: Can I keep the tenant's belongings for unpaid rent?

A: Arizona law allows landlords to hold tenant property for unpaid rent, but you must follow proper procedures for any property left behind by the tenant. See above for specific procedures. 

Q: After receiving a favorable judgment/court order, can I remove the tenant from the property immediately? 

A: No. You must wait the amount of time set by the court (generally about 5-14 days from the date of the judgment). Then, you can file to have a sheriff or constable remove the tenant (called a writ of restitution) if the tenant has not already vacated the property. The writ of restitution date can usually be found on the judgment.  Please note that a party who obtains a judgment for possession in an eviction action has up to 45 days to apply for a writ of restitution. 

Disclaimer

This article provides general information only and is not legal advice. Laws can change, and every situation is different. For advice about your specific case, consult with an attorney.