Abandoned Property Laws in Arizona 2025
What landlords must do with personal property left behind after eviction or abandonment, under A.R.S. § 33-1370
Landlord must store property for 14 days and give written notice to tenant and any lienholders.
When an Arizona tenant leaves belongings behind, you cannot simply toss them. The Arizona Residential Landlord and Tenant Act spells out exactly what to do, and the rules are the same whether the tenant walked away or you removed them through the courts. A.R.S. Sec. 33-1370 governs both the notice you must give and the 14 calendar days you must hold the property before you can sell, donate, or discard it. There is no federal law that controls a private landlord's handling of a residential tenant's abandoned property; this is entirely a matter of Arizona statute, so follow 33-1370 to the letter to keep your immunity from liability.
Step-by-Step: Handling Abandoned Property in Arizona
Follow these steps precisely to protect yourself from liability under A.R.S. § 33-1370:
- Document the abandoned property immediately. As soon as you regain possession of the unit, conduct a thorough walk-through. Take dated photographs and video of all items left behind. Create a written inventory listing each item, its approximate condition, and estimated value. This documentation is your primary protection against later claims.
- Send required written notice. Mail or deliver written notice to the tenant's last known address and any forwarding address you have on file. Under A.R.S. § 33-1370, you must give 14 days notice before disposing of or selling the property. The notice should describe the items, their location, and the deadline for retrieval.
- Move items to secure storage. Arizona requires you to store the property during the notice period. Track all storage costs with receipts, you may recover these from sale proceeds or the security deposit.
- Assess the property. Even without a statutory value threshold, document estimated values for each item. If items appear potentially valuable, consider a public sale to maximize recoverable costs and minimize dispute risk.
- Apply sale proceeds to costs. After the notice period expires and any required sale is conducted, apply proceeds first to unpaid rent, then to storage costs, then to sale costs. Remit any remaining balance to the tenant. Keep detailed records of all calculations.
- Retain all records for at least 3 years. Keep your written inventory, photographs, notice letters, delivery confirmations, storage receipts, sale records, and proceeds accounting. If the tenant later claims improper handling, this documentation is your defense.
When property counts as abandoned in Arizona
Abandonment is defined narrowly, and getting it wrong exposes you to a wrongful-eviction claim. Under A.R.S. Sec. 33-1370(J), a unit is abandoned in one of two situations. First, the tenant is absent without notice for at least 7 days, rent has been outstanding and unpaid for 10 days, and there is no reasonable evidence other than the tenant's own belongings that the tenant still occupies the unit. Second, the tenant is absent for at least 5 days, rent has been unpaid for 5 days, and none of the tenant's personal property remains in the unit.
If you did not reach abandonment on your own but instead removed the tenant through an eviction, a different door opens to the same room. A.R.S. Sec. 33-1368(E) provides that on the day after a writ of restitution or execution is served, you must comply with subsections D through I of 33-1370 for whatever the tenant left behind. In practice that means the storage, inventory, hold, and sale rules below apply identically after a court-ordered eviction.
The abandonment notice you must send
Before you retake an abandoned unit, 33-1370 requires two parallel notices. You must mail a notice of abandonment by certified mail, return receipt requested, to the tenant's last known address and to any alternate addresses you know of. At the same time, you must post a notice of abandonment on the door or another conspicuous place on the property for five days. Only after the notice has been both posted and mailed, and five days have passed, may you retake possession of the unit.
Keep the certified-mail receipt and a dated photo of the posted notice. If a dispute later lands in court, that paper trail is what proves you followed the statute and preserves the liability protection Arizona gives compliant landlords.
Inventory, storage, and the 14-day hold
Once you have the unit back and property remains inside, you must prepare an inventory and notify the tenant of the location and cost of storage, using the same certified-mail-plus-posting method as the abandonment notice. You may store the belongings in the vacated unit, another available unit, or any storage space you own or rent off site.
The core deadline is the hold: you must keep the tenant's personal property for 14 calendar days after retaking possession (or, in an eviction, after the writ is executed). During that window the tenant can reclaim their belongings, but 33-1370 lets you condition their release on payment of the actual removal and storage costs, and the tenant has no right of access until those costs are paid in full. Certain essential items are treated more leniently, so do not withhold necessities as leverage for the full debt.
Perishables, plants, and animals
The 14-day hold does not apply to everything. Under 33-1370 you are not required to store perishable items, plants, or animals, and you may remove or dispose of perishables and plants. Contaminated items and biohazards may also be discarded rather than stored.
Animals get special handling. After notifying a person authorized to retrieve the animal and waiting one calendar day, you may release the animal to a shelter or provide it reasonable care yourself. If you are unable or unwilling to care for the animal, you must notify county animal control or the local enforcement agency. Document the date and time you found the animal and every notice you gave.
Selling or donating and where proceeds go
If the 14-day hold passes and the tenant has made no reasonable effort to recover their property, you have two lawful exits. You may donate the property to a qualifying charitable organization, or you may sell it. If you sell, you do not simply pocket the money: 33-1370 requires you to apply the proceeds to the tenant's outstanding rent and other costs covered by the lease or the Act, and to mail any excess proceeds to the tenant at their last known address.
A landlord who follows these steps is not liable for any loss to the tenant or a third party from moving, storing, selling, or donating the belongings. That immunity is the reward for compliance, so keep the inventory, the storage-cost accounting, and proof of where any surplus was mailed.
Related Guides for Arizona Landlords
This page summarizes Arizona's abandoned-property rules under the Arizona Residential Landlord and Tenant Act, chiefly A.R.S. Sec. 33-1370 and the post-eviction cross-reference in A.R.S. Sec. 33-1368(E). Statutes change and individual facts vary; confirm the current text at azleg.gov and consult an Arizona attorney before selling, donating, or discarding a tenant's belongings.
Frequently Asked Questions
How long must an Arizona landlord hold a tenant's abandoned property?
14 calendar days after retaking possession of the unit, under A.R.S. Sec. 33-1370. The same 14-day hold applies to property left behind after a court-ordered eviction, because A.R.S. Sec. 33-1368(E) directs the landlord to follow 33-1370's rules the day after the writ of restitution is executed.
What notice does Arizona require before taking back an abandoned unit?
You must mail a notice of abandonment by certified mail, return receipt requested, to the tenant's last known and alternate addresses, and post a notice of abandonment on the door or a conspicuous place for five days. You may retake the unit five days after the notice has been both posted and mailed.
When is a unit legally abandoned in Arizona?
Under A.R.S. Sec. 33-1370(J), either when the tenant is absent without notice for at least 7 days with rent unpaid for 10 days and no evidence besides their belongings that they still live there, or when the tenant is absent for at least 5 days with rent unpaid for 5 days and none of their property remains.
Can an Arizona landlord sell abandoned property and keep the money?
You can sell it after the 14-day hold if the tenant makes no reasonable effort to recover it, but you cannot simply keep the proceeds. You apply the money to the tenant's outstanding rent and lease-covered costs, then mail any excess to the tenant's last known address. You may also donate the property to a qualifying charity instead.
Does the landlord have to store a tenant's plants, food, or pets?
No. A.R.S. Sec. 33-1370 does not require storage of perishable items, plants, or animals. Perishables and plants may be disposed of. For animals, after notifying an authorized person and waiting one calendar day, you may take the animal to a shelter or provide reasonable care, and you must notify county animal control if you cannot care for it.
Can I charge the tenant for moving and storing their property?
Yes. A.R.S. Sec. 33-1370 lets you require payment of the actual removal and storage costs before releasing the property, and the tenant has no right of access until those costs are paid in full, though certain essential items must be handled more leniently.
Statutory citation: A.R.S. § 33-1370. Laws current as of 2025, verify against your state's current statutes before acting. Last updated August 28, 2026. This page is for informational purposes only and does not constitute legal advice. Consult a licensed attorney for your specific situation.