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Question

I have a judgment against my tenant to vacate the property within 5 days. If she is not out on the 6th I file a writ of restitution and have a constable escort her out. I know we have to store her belonging for 21 days and my question is if she comes back for her stuff can I require her to pay past rent before giving her stuff back. I was also awarded past rent and court cost. After the 21 days do I have the right to have her autos hauled away? Cottonwood Arizona. Yavapai county

Submitted: 281 days and 5 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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cottonwood, Arizona

Posted by INFOLAWYER 281 days and 5 hours ago.

Answer

If your discard her items, you face a potential lawsuit and some judges have held you should store them longer at tenant expense. You should do so. You cannot refuse to return the items on her return.

281 days and 5 hours ago.

Reply

Did'nt really answer my question??

Accepted Answer

I know we have to store her belonging for 21 days and my question is if she comes back for her stuff can I require her to pay past rent before giving her stuff back.

NO. HER ITEMS NEED TO BE RETURNED AND YOU CAN SEPARATELY PURSUE THE JUDGMENT AND THEN ENFORCE IT ON INCOME, WAGES, BANK ACCOUNTS, REAL ESTATE

I was also awarded past rent and court cost. After the 21 days do I have the right to have her autos hauled away?

YOU SHOULD HAVE THE SHERIFF EXECUTE ON HER AUTO

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Expert: INFOLAWYER
Pos. Feedback: 97.0 %
Accepts: 
Answered: 2/15/2009

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