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The apartment will be considered abandoned if all persons entitled to occupy the apartment are absent from the unit for 32 days and the rent for that period is unpaid. In that case, it does not matter whether the property has been removed from the apartment.
There are only two instances when a landlord must hold your personal property left behind after you vacate. One circumstance follows lock-out after the tenant has been evicted; the other is subsequent to a landlord's declaration of abandonment. The statutes applicable to these events are: as to eviction, A.R.S.
If tenants don't leave at the end of the notice period, landlords must apply to the court for a possession order, which gives them the right to evict tenants and take possession of the property.
Replevin, also known as claim and delivery, is the legal action of recovering personal property which was wrongfully taken.
In Arizona, this is five days. Five days after the notice is posted and mailed, the landlord is allowed to take possession of the property. If the tenant does not respond within this timeframe, the landlord is allowed to re-rent the unit if there are no personal items at the property.
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A 5-day notice can be given any time after rent and/or other charges are in arrears. If a payment is made by the tenant of all overdue charges within the 5-day period, the rental payment is deemed reinstated.
What to Avoid When Writing a Demand Letter. Avoid threatening or disparaging the other person. Do not use language that will convey your frustration or anger. the dispute ends up in court, remember that the same judge who will hear your case will read your demand letter.
A Notice of Abandonment informs the tenant that they must clear their belongings within a specified timeframe. In Arizona, this is five days.
Some examples of questions that may be asked in order to ascertain if the property has been abandoned include: Has the tenant fallen behind on their rent payments, or are they facing eviction? Are any significant items missing from the property, such as a bed? Have any valuable items been left behind?
File a Civil Lawsuit As your case is a civil matter, you need to file a lawsuit in a small claims court demanding the return of your personal property. You must pay the required fees and conform with the requirements before you file your case. This will likely be a tort claim for restitution or a claim for conversion.

letter to remove personal belongings