Our tenant’s lease was up 12/31/10. She had paid us last month’s rent upfront so she had paid for decembers rent already. She decided to move out Dec 1st. She has already purchased a property and wanted to move it. She told us she would be moving out 12/18, but she has actually moved out dec 1st and turned off the utilities on that date and was using the house as storage. We have a pool that must have the pump running and plants that need watering. Is this considered abandonment? We changed the locks on Dec 20th. Do we have
the right to do this because she turned off all the utilities even though the rent was paid through the end of december?
Laura
Thank you for your landlord question.
I am not a lawyer, so I cannot give legal advice. However, I can point you toward some references where you can receive research the laws in question. Below are some links to the official Arizona state website.
First, it appears that the tenant did NOT abandon the rental unit (see below). The tenant actually paid the rent for the month in question. Also, if the tenant actually left possessions in the home intentionally (and not just a bunch of garbage), then that creates doubt that the tenant “moved out” officially.
Second, you probably could have charged the tenant if you had hooked up the utilities in order to water the plants and to run the electricity, but only if hooking up the utilities was necessary to prevent damage (such as to the plants and the pool). It is probably too late to charge the tenant for this now because deposits normally need to be returned and statements of damages sent within 14 working days in Arizona.
Third, it appears that you may well have performed an unlawful lockout and may legally owe the tenant
months’ rent (unless the tenant actually gave back the keys to you before you changed the locks). You may also owe the tenant pro-rated rent for December 20-31.
III. Quiet Enjoyment
A. Your landlord cannot lock you out without a court order or take any of your personal belongings. If your landlord has done this, call the police.
C. If the landlord locks you out without a court order, removes your personal property, or turns off any of these services, notify him that he is in violation of Arizona law and that he must allow you back in the home, return your property, and/or restore the services.
D. If your landlord has done any of these things, you may sue him for an amount equal to two months’ rent or your actual damages, whichever is greater.
Fourth, hopefully nothing bad happened to the tenant’s possessions, if any were in the residence when you changed the locks. You may easily be liable for any damage to the tenant’s possessions.
http://www.azsos.gov/public_services/publications/residential_landlord_tenant_act/Residential.pdf
http://www.azsos.gov/public_services/publications/residential_landlord_tenant_act/
http://www.azag.gov/civil_rights/TenantRightsResponsibilities.pdf
III. Abandonment
A. If you abandon your home (which means that you move out and stop paying rent without notice to the landlord), your landlord may mail a notice of abandonment to your last known address and post a notice of abandonment on the door of the home.
