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

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Real Estate Agent with WEDO Real Estate and Beyond, LLC SA535849000

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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Cindy Jones
Integrity Real Estate Group - Woodbridge, VA
Pentagon, Fort Belvoir & Quantico Real Estate News

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.

Apr 28, 2013 02:59 AM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

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

Apr 28, 2013 03:00 AM
Dan Tabit
Keller Williams Bellevue - Sammamish, WA

Hi Harry,

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

Apr 28, 2013 04:55 PM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

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.

Apr 28, 2013 09:59 PM
Mark Delgado
houses for rent, Solano County & Glen Cove - Benicia, CA
Benicia and Vallejo, Property Management, rental h
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.
Apr 28, 2013 10:32 PM
Anonymous
Susan mazzarella

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.

Jul 11, 2014 05:17 PM
#6
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Cindy Jones I have towed five cars in the last week

Jan 16, 2017 03:08 PM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Dan Tabit but that is where it ends up

Jan 16, 2017 03:09 PM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

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

Jan 16, 2017 03:09 PM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Mark Delgado agreed

Jan 16, 2017 03:10 PM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Susan I am sure you have that in the bag now

Jan 16, 2017 03:11 PM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

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!

 

Jan 17, 2017 06:12 AM
Harry F. D'Elia III
WEDO Real Estate and Beyond, LLC - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Wallace S. Gibson, CPM not a fun day

Jan 17, 2017 09:08 AM