Eviction/Loss of Property

[JosephRMorales]

What is the name of your state? Arizona.
Tenant was evicted, possessions disposed of by
landlord.

Writ of Restitution served 08/01/03 by constable to tenant, tenant then locked out. On the back of the Writ a sticker reading "Call office to arrange one reentry during regular business hours to remove your belongings before 8-02-03 or they will be removed by management subject to moving and storage costs. Locks have been changed." Tenant did not contact landlord regarding the property. I contacted landlord approx. 09/03/03 regarding tenant's property, landlord advised property was thrown away.
I checked A.R.S. § 33-1368 section E. and it states "The landlord shall prepare an inventory and promptly notify the tenant of the location and cost of storage of the personal property by sending a notice by certified mail, return receipt requested, addressed to the tenant's last known address and to any of the tenant's alternative addresses known to the landlord."
The landlord did not do this. Even though the tenants has unpaid rent and was evicted, do they have any recourse for the landlord disposing of their property?

 

[HomeGuru]

What is the name of your state? Arizona.
Tenant was evicted, possessions disposed of by
landlord.

Writ of Restitution served 08/01/03 by constable to tenant, tenant then locked out. On the back of the Writ a sticker reading "Call office to arrange one reentry during regular business hours to remove your belongings before 8-02-03 or they will be removed by management subject to moving and storage costs. Locks have been changed." Tenant did not contact landlord regarding the property. I contacted landlord approx. 09/03/03 regarding tenant's property, landlord advised property was thrown away.
I checked A.R.S. § 33-1368 section E. and it states "The landlord shall prepare an inventory and promptly notify the tenant of the location and cost of storage of the personal property by sending a notice by certified mail, return receipt requested, addressed to the tenant's last known address and to any of the tenant's alternative addresses known to the landlord."
The landlord did not do this. Even though the tenants has unpaid rent and was evicted, do they have any recourse for the landlord disposing of their property?

**A: yes they do because L did not follow the law.

 

[JosephRMorales]

What forms of recourse are available? Small Claims Court? Is jurisdiction in Phx, Az as that is where the property is.

Additionally, I am the tenants brother and will probably have to 'hold his hand' throughout the whole process. Is it possible I could act as his personal representative or can he initiate his recourse via mail?

How is his property's value assessed? What guidelines are used? He had enough property to require renting a U-Haul to move from his prior apartment.

 

[HomeGuru]

What forms of recourse are available? Small Claims Court? Is jurisdiction in Phx, Az as that is where the property is.

Additionally, I am the tenants brother and will probably have to 'hold his hand' throughout the whole process. Is it possible I could act as his personal representative or can he initiate his recourse via mail?

How is his property's value assessed? What guidelines are used? He had enough property to require renting a U-Haul to move from his prior apartment.

**A: a civil lawsuit needs to be filed which can not be done through the mail.

 

[JosephRMorales]

I will research. Thank you so much.

 

[HomeGuru]

Good luck.

 

[JosephRMorales]

Question

How much does it cost to file a civil lawsuit in Maricopa County?

 

[HomeGuru]

Re: Question

How much does it cost to file a civil lawsuit in Maricopa County?

**A: I don't know. Call the court clerks office and ask.