Roommate skipped town with unpaid rent. Lease is ending, can I take his things?

[Jks278]

What is the name of your state (only U.S. law)? Arizona

Hi! So my roommate and I are both on the lease. He skipped town two months before the lease ended, without paying rent. I ended up having to pay his half and am currently in the process of taking him to small claims, just waiting on paperwork. However, my question is: if he still has belongings in his room on the last day of our lease, do I have the right to take/donate his things? I have attempted giving both him and his family plenty of reminders and updates, telling them to come move his things out before the final inspection, but haven't heard anything back so I doubt they are going to. Somebody else told me I should file a report with the police and document the items left so he couldn't accuse me of stealing, but this seems unnecessary.

If the lease is ending, and he isn't communicating with me, do I legally have the right to remove his items for him?!?
Thanks!!!

 

[latigo]

What is the name of your state (only U.S. law)? Arizona

Hi! So my roommate and I are both on the lease. He skipped town two months before the lease ended, without paying rent. I ended up having to pay his half and am currently in the process of taking him to small claims, just waiting on paperwork. However, my question is: if he still has belongings in his room on the last day of our lease, do I have the right to take/donate his things? I have attempted giving both him and his family plenty of reminders and updates, telling them to come move his things out before the final inspection, but haven't heard anything back so I doubt they are going to. Somebody else told me I should file a report with the police and document the items left so he couldn't accuse me of stealing, but this seems unnecessary.

If the lease is ending, and he isn't communicating with me, do I legally have the right to remove his items for him?!?
Thanks!!!

No. You cannot legally exercise dominion over or dispose of the roommate's personal property or in any way have the goods applied towards satisfaction of your judgment except by operation of law. Meaning levy of a writ of execution.

Even an Arizona landlord has no right of distraint or lien upon a tenant' property for unpaid rent. Section 33-1372 of the Arizona Revised Statutes abolished those common law remedies.