The rent stops coming. Calls go unanswered. The unit looks empty, or worse, it’s empty except for a pile of belongings. Every Arizona landlord eventually faces this situation, and it raises an urgent question: can you just change the locks and re-rent?
Not so fast. Arizona has a specific abandonment statute, A.R.S. § 33-1370, with exact day counts and notice steps. Follow it, and you can lawfully reclaim the unit in days. Skip a step, and you risk turning an abandonment into a wrongful eviction claim. Here’s how to do it right.
What Legally Counts as “Abandonment” in Arizona
You can’t declare abandonment just because the tenant seems gone. Under A.R.S. § 33-1370, abandonment exists in only two situations:
- With belongings left behind: The tenant has been absent without notice for at least 7 days, rent is unpaid for 10 days, and there’s no reasonable evidence the tenant is still living there (other than the fact that their belongings remain).
- With the unit cleared out: The tenant has been absent for at least 5 days, rent is unpaid for 5 days, and none of their personal property is in the unit.
The day counts matter. A tenant who is behind on rent but still coming and going hasn’t abandoned anything, that’s an eviction situation, not an abandonment. And a tenant who told you they’d be away for two weeks isn’t “absent without notice” at all.
Before doing anything else, document your basis: the last rent payment, dates you attempted contact, what you observed at the unit, and statements from neighbors if you have them.
Step 1: Send and Post the Notice of Abandonment
Once the statutory conditions are met, Arizona requires two notices, and you need both:
- Mail it. Send a notice of abandonment by certified mail, return receipt requested, to the tenant’s last known address and to any alternate address you have for them.
- Post it. Post the same notice on the unit’s door (or another conspicuous spot on the property) for five days.
This dual-notice requirement is where many landlords slip. Mailing without posting, or posting without mailing, doesn’t start the clock.
Step 2: Wait Five Days, Then Retake the Unit
Five days after the notice has been both posted and mailed, you may retake the dwelling and re-rent it at fair rental value, immediately, if no personal property remains inside.
Two things happen when you retake possession:
- The security deposit is forfeited. It applies toward accrued rent and the reasonable costs you incurred because of the abandonment.
- Your duty to mitigate kicks in. Arizona law requires you to make reasonable efforts to re-rent the unit at a fair rental. You can’t leave it vacant and bill the absent tenant for the rest of the lease. If you re-rent before the original lease expires, the old lease terminates the day the new tenancy begins.
Step 3: Deal With Belongings the Right Way
If the tenant left property behind, you have specific obligations:
- Store it safely. You may store the belongings in the abandoned unit itself, another available unit, or storage space you own or rent. You must use reasonable care while holding it.
- Hold it for 14 days. The 14-day clock runs from the day you retake possession of the unit. During that window, the tenant can make a reasonable effort to recover their property.
- After 14 days, you may sell or donate it. If the tenant makes no reasonable effort to reclaim the items, you may sell the property and apply the proceeds to unpaid rent and your abandonment-related costs, or donate it to a recognized charity. Any excess sale proceeds must be mailed to the tenant’s last known address, you don’t get to keep the surplus.
Don’t haul everything to the dumpster on day one. Improper disposal of a tenant’s property is one of the fastest ways to convert their debt to you into your liability to them.
What About the Money They Still Owe?
Retaking the unit doesn’t erase the tenant’s debt. After applying the forfeited deposit and any sale proceeds, you can pursue the remaining balance, unpaid rent through re-rental (or through the end of the lease term if you made reasonable efforts and couldn’t re-rent), plus damages beyond normal wear and tear, through a civil action or collections. Keep a clean ledger showing every credit and charge; it’s the backbone of any recovery effort.
Abandonment Is Not Eviction, Don’t Mix the Remedies
The abandonment process only applies when the statute’s conditions are genuinely met. If there’s any real sign the tenant still occupies the unit, you must use the formal eviction process instead, notice, court filing, judgment, and a writ served by a constable or sheriff.
Guess wrong, and the consequences are serious. Changing the locks on a tenant who hasn’t legally abandoned the unit is prohibited self-help under A.R.S. § 33-1367, exposing you to damages of up to two months’ rent or twice your actual damages. When in doubt, treat the situation as an occupied tenancy and proceed accordingly.
Quick Reference: The Abandonment Timeline
- Confirm the statutory conditions (7 days absent + 10 days unpaid with property left behind, or 5 + 5 with the unit cleared out).
- Send notice by certified mail to all known addresses and post it on the unit for 5 days.
- After 5 days, retake and re-rent at fair rental value.
- Apply the forfeited deposit to rent and costs.
- Hold any belongings with reasonable care for 14 days after retaking possession, then sell or donate if unclaimed; mail excess sale proceeds to the tenant.
- Document everything at every step.
Why Work With an Experienced Arizona Landlord-Tenant Attorney
Abandonment cases look simple but are full of traps: borderline day counts, tenants who reappear mid-process, belongings of uncertain value, and the ever-present risk of mislabeling an occupied tenancy as abandoned. The statute gives landlords an efficient remedy, but only if every step is executed precisely and documented well.
An experienced Arizona landlord-tenant attorney can confirm whether the statutory definition is actually met, prepare notices that comply with A.R.S. § 33-1370, and guide the handling of the tenant’s property so you stay protected. A brief consultation before you retake a unit costs far less than defending a wrongful eviction or property claim later. If you believe a tenant has abandoned your rental, talk to a qualified Arizona attorney before you act.
