HOW MANY DAYS DO YOU KEEP PREVIOUS TENANT'S BELONGINGS WHEN LEFT BEHIND? IT DEPENDS

HOW MANY DAYS DO YOU KEEP PREVIOUS TENANT'S BELONGINGS WHEN LEFT BEHIND? IT DEPENDS

PHOENIX PROPERTY MANAGEMENTI have many property owners call me on a monthly basis asking me "How long do I have to keep one's possessions after they have vacated the property?This is an excellent questions for anybody managing their own properties because there are a couple different answers when it comes to Phoenix Property Management. I have seen tenants leave possessions behind to only catch the inexperienced real estate investor hauled into court because they have failed to give proper notice of possessions left behind. Hire Phoenix Property Management to manage your homes located in the Phoenix, Arizona, surrounding area so we can handle complex situations such as this one to avoid future penalties for being an inexperienced property owner. 

HERE ARE THE TWO DIFFERENT SCENARIOS LISTED BELOW:

 ABANDONMENT/SKIP OR PROPERTY LEFT AFTER VACATING

 

  • Inventory property and send a copy of the inventory list along with a 10-DAY LOCATION OF ABANDONED PROPERTY notice to the last known address by certified mai.
  • Hold the property for ten (10) calendar days – allowing the tenant one (1) entry to remove personal effects (medicine, tools, clothes, identification, or financial or employment documents, etc.).  If the tenant does not pay storage costs for the rest of the property, then the landlord sells at a public sale, retains proceeds to apply to outstanding rent or other costs covered in the lease or allowed by the Landlord/Tenant Act incurred by landlord.  Excess proceeds to be mailed to tenants’ last known address.

    For twelve (12) months, keep records and hold excess proceeds if undeliverable.
  • – OR –   If provided for in a written rental agreement, the landlord may destroy or otherwise dispose of some or all of the property if the landlord determines that the value of the property is so low that the cost of moving and storage and conducting a public sale exceeds the amount that would be realized from the sale.

WRIT OF RESTITUTION (CONSTABLE ENFORCED LOCK-OUT)

  • Inventory property and send a copy of the inventory list along with a 21-DAY PROPERTY NOTIFICATION AFTER COURT LOCK-OUT notice to last known address and any alternate address, certified mail, return receipt requested.
  • Tenant allowed one (1) entry during the twenty-one day (21) period to remove personal effects (medicine, tools, necessary papers and clothes, etc.)  Otherwise, to reclaim property, tenant must pay reasonable costs of storage, moving and inventory.
  • If tenant does not reclaim property, sell/dispose after twenty-one (21) days.  If the tenant contacts the landlord before the items are disposed of, add an additional five (5) days time.  Tenant is allowed one (1) entry to remove personal effects (as listed above).  If tenant does not pay storage costs for remainder of property, then the landlord sells the property at public sale, retains proceeds to apply to outstanding rent or other costs covered in the lease or allowed by the Landlord/Tenant Act incurred by landlord. Excess proceeds to be mailed to tenants’ last known address.
  • For twelve (12) months, keep records and hold excess proceeds if undeliverable.

information provided by www.doctorevictor.com

Phoenix Property Management is here to serve the entire Valley when it comes to property owners and tenants.

 

 

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Comment balloon 13 commentsHarry F. D'Elia • April 28 2013 09:51AM

Comments

I had a tenant leave a car behind in the driveway.  No keys anywhere.  After multiple attempts to contact him via certified mail (from an attorney) we had the car towed away and it was auctioned off.  The towing company took their fees and we gave the rest to charity.  Still have no idea where he went.

Posted by Cindy Jones, Pentagon, Fort Belvoir & Quantico Real Estate News (Integrity Real Estate Group) over 4 years ago

There are times when things happen in life. We must be prepared at all times

Posted by Harry F. D'Elia, Investor , Mentor, GRI, Radio, CIPS, REOs, ABR (Real Estate and Beyond, LLC) over 4 years ago

Hi Harry,

Great post on a subject we don't think about until it happens.  No one wants to end up in court.

Posted by Dan Tabit (Northstone Real Estate Inc.) over 4 years ago

I rarely have this happen with the quality of rental homes I manage; however, state law would govern so the items can't just be disposed of at the will of the property owner.

Posted by Wallace S. Gibson, CPM, LandlordWhisperer (Gibson Management Group, Ltd.) over 4 years ago
It has been a very long time since we've had this situation ourselves, similar to Wallace. However, laws vary so while this is a very good post don't rely on it blindly if you are in another area.
Posted by Mark Delgado, Benicia and Vallejo, Property Management, rental h (houses for rent, Solano County & Glen Cove) over 4 years ago

I had tenants move out but all items were moved. What rights do I have. They want their belongings but they do not know when. They have given 30 day noticed and had their walk through. I have changed the locks because I am in the process of moving back in. What are my rights. I live in Arizona.

Posted by Susan mazzarella over 3 years ago

Cindy Jones I have towed five cars in the last week

Posted by Harry F. D'Elia, Investor , Mentor, GRI, Radio, CIPS, REOs, ABR (Real Estate and Beyond, LLC) 11 months ago

Dan Tabit but that is where it ends up

Posted by Harry F. D'Elia, Investor , Mentor, GRI, Radio, CIPS, REOs, ABR (Real Estate and Beyond, LLC) 11 months ago

Wallace S. Gibson, CPM I manage A B and C class properties

Posted by Harry F. D'Elia, Investor , Mentor, GRI, Radio, CIPS, REOs, ABR (Real Estate and Beyond, LLC) 11 months ago

Mark Delgado agreed

Posted by Harry F. D'Elia, Investor , Mentor, GRI, Radio, CIPS, REOs, ABR (Real Estate and Beyond, LLC) 11 months ago

Susan I am sure you have that in the bag now

Posted by Harry F. D'Elia, Investor , Mentor, GRI, Radio, CIPS, REOs, ABR (Real Estate and Beyond, LLC) 11 months ago

Harry - I manage high-end sfr and just had my worst move-out in 10 years - left three truck loads of household items, food, diapers (used) and broken toys....I already had a judgement against them so now it is collecting money!

 

Posted by Wallace S. Gibson, CPM, LandlordWhisperer (Gibson Management Group, Ltd.) 11 months ago

Wallace S. Gibson, CPM not a fun day

Posted by Harry F. D'Elia, Investor , Mentor, GRI, Radio, CIPS, REOs, ABR (Real Estate and Beyond, LLC) 11 months ago

Participate