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FamilyAttorney, Lawyer
Category: Real Estate Law
Satisfied Customers: 1503
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I have a question about tenant rights. I was being evicted

Customer Question

Hello I have a question about tenant rights. I was being evicted from my apartment which we had agreed they would change locks and I and 21 days to return and move my things out. When I returned on apprx 16th day to mpve my thing's they had police waiting to arrest me for 3rd burglary and had removed the patio furniture contents from my apartment without any of my knowledge. Is what they did legal in Arizona?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  FamilyAttorney replied 1 year ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks! Please note: I want to help you but I may need some additional information from you. Are you okay with rating me? I would really appreciate it!

Also – I will be typing my answer for you so I’ll be back asap.

Expert:  FamilyAttorney replied 1 year ago.

What they did is not legal in Ariz. Did you have a verbal agreement with them or a written agreement about your belongings? Regardless, they can't do what they did, they can't arrest you and they were not allowed to touch your property until after 21 days! You may have a suit for wrongful arrest and also for the value of your property, plus whatever other damages you incurred.

In AZ, if the landlord has the right to evict, he can have a sheriff or constable lock you out of the rental unit. When this happens, the landlord must certain steps to deal with the tenant’s belongings.

The Landlord must give the tenant notice and then hold the property for 21 days. If the tenant does not contact the landlord and the 21 day waiting period expires, the landlord (LL) may sell or otherwise dispose of the property.

Here, there were only 16 days, and even if you're a day off, it was still less than 21. The LL must hang onto your property for 21 days before he can do anything. What he did was illegal. You can bring a lawsuit against the landlord , possibly for wrongful arrest and also for the value of your property. What the LL did was illegal.

If you would like, I can send you a list of landlord-tenant lawyers in your area. I cannot recommend any specific attorneys to you but I can send you a list and explain what to look for on the list. This way, you'll know not to pick an attorney who has a red mark of misconduct next to his or her name. If you are interested, please let me know what town or city you are near, generally a larger town, so that there will be enough Landlord-tenant (L&T) lawyers to choose from. This is at no extra charge to you. I do this for people who ask me questions so that I can point people in the right direction.

Does this answer your question? I am more than happy to answer additional questions based on this one if you want.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. If you need additional information please let me know. Best of luck to you!

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Expert:  FamilyAttorney replied 1 year ago.

Do you need any more assistance? I thank you in advance for rating me. I cannot get credit for my assistance for you today if I am not rated the top three faces/stars, so I would really appreciate it. Thanks!

Expert:  FamilyAttorney replied 1 year ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks!