Landlord rented out my apartment. I still have a lease.

[jeff52]

What is the name of your state?AZ

My friend gave a 30 day notice of intent to vacate her rental property. The last day was to be before the lease was up, and she was paid in full to the end of her lease. She was unable to move everything out before the last day of her notice due to her job. She had not turned in the keys yet. Her lease is up October 5th of 2005, 2 weeks from now. When she went to the apartment to finish emptying it out, she found the locks changed, her stuff gone, and new residents in the apartment. They also informed her she would have to pay a carpet cleaning fee.

What can she do, and what is she entitled to?

Thanks,

Jeff

[longneck]

see [url]http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/2004/Landlord_Act.htm[/url]

specifically:

After the landlord has retaken possession of the dwelling unit, the landlord may store the tenant's personal possessions in the unoccupied dwelling unit that was abandoned by the tenant, in any other available unit or any storage space owned by the landlord or off the premises if a dwelling unit or storage space is not available. The landlord shall notify the tenant of the location of the personal property in the same manner prescribed in subsection A of this section.

and

The landlord shall hold the tenant's personal property for a period of ten days after the landlord's declaration of abandonment. The landlord shall use reasonable care in holding the tenant's personal property. If the landlord holds the property for this period and the tenant makes no reasonable effort to recover it, the landlord may sell the property, retain the proceeds and apply them toward the tenant's outstanding rent or other costs which are covered in the lease agreement or otherwise provided for in title 33, chapter 10 or title 12, chapter 8 and have been incurred by the landlord due to the tenant's abandonment. Any excess proceeds shall be mailed to the tenant at the tenant's last known address. A tenant does not have any right of access to that property until the actual removal and storage costs have been paid in full, except that the tenant may obtain clothing and the tools, apparatus and books of a trade or profession and any identification or financial documents, including all those related to the tenant's immigration status, employment status, public assistance or medical care. If provided by a written rental agreement, the landlord may destroy or otherwise dispose of some or all of the property if the landlord reasonably determines that the value of the property is so low that the cost of moving, storage and conducting a public sale exceeds the amount that would be realized from the sale.

so basically the LL probably still has the stuff, but they can't get it back until they pay the storage costs. it doesn't specifically say it here, but generally the LL can not hold on to abandoned property as ransom for other costs, such as carpet cleaning costs.

[BL]

Clearly , She was paid up to the end of the Lease .

Take the Police to retrieve the Belongings .

If the belongings have been disposed of sue the LL in court , and ask for punitive , and any other Damages by Law .

Also, while technically it is correct a LL can not hold property , often times Law enforcement won't get involved .

Find the Law and show it to the Police , and have them escort you to get your belongings .

[Who's Liable?]

Originally Posted by longneck

see [url]http://www.azsos.gov/public_services/Publications/Residential_Landlord_Tenant_Act/2004/Landlord_Act.htm[/url]

specifically:

and

so basically the LL probably still has the stuff, but they can't get it back until they pay the storage costs. it doesn't specifically say it here, but generally the LL can not hold on to abandoned property as ransom for other costs, such as carpet cleaning costs.

You're giving wrong information...

The OP stated they were up to date with rent, therefore the abandonment clause has no bearing... A tenant can leave items in a rental unit as long as they want without checking up on it, and as long as the rent is current, the unit cannot be determined "abandoned"

On top of that, the LL cannot hold personal work items hostage... Meaning, he tenant can retireve ALL items relating to their job, this includes: clothes, make-up,shoes, books, power tools, etc... As long as the tenant needs the items to do their work, the LL cannot withhold it...

The OP needs to contact the police and file a theft report, then have the police talk to the management asking where the items are... Bringing the LL/T laws is a good idea to show that the tenant is within the law...

The LL cannot lock you out of your own rental, and if you really needed to, you could call a locksmith to change the locks... That would be good if no one was laready renting the new place...

Unfortunately in AZ the judges are more sympathetic to the LL, so you may have a hard time suing, if you intend to go that route...

Wht your friends needs to do is send a CRR letter stating their new address, and a demand for the security deposit... This will put the LL on a 14 day time period to return your security deposit... They must give you an ITEMIZED list of deductions from your SD. A verbal report stating they are withholding money does not meet the criteria, it MUST be in writing...