Can an Arizona landlord charge storage fees after an eviction?

Yes, but only for the actual cost of moving and storing the tenant’s belongings, and only if you follow the steps Arizona law requires.

The writ of restitution has been carried out and you finally have your property back. Then you open the door and find a couch, a closet full of clothes, and a garage stacked with boxes.

It is tempting to haul everything to the curb and send the tenant a bill. Arizona law does not allow that. You have to hold the property, give notice, and limit what you charge.

Where the rule comes from

Under A.R.S. § 33-1368(E), the landlord must follow the personal property rules in A.R.S. § 33-1370(D) through (I) starting the day after the writ is executed. Section 33-1370 is the abandonment statute, but those subsections also govern property left behind after an eviction.

What you must do

1. Prepare an inventory. List what was left behind. Photos help, and sending a copy with your notice is good practice.
2. Notify the tenant. Tell the tenant where the property is stored and what storage costs. Send the notice by certified mail, return receipt requested, to the tenant’s last known address and any alternate address you know of. Also post it on the door or another conspicuous place on the property for five days.
3. Store it carefully. You may use the unit itself, another available unit, or storage space you own. If none is available, you may store it off the premises. You must use reasonable care in moving and holding the property.
4. Hold it for 14 calendar days. The period runs from the day you retake possession.

What you can charge

You can charge the actual cost of removing and storing the property for the time it was stored. The statute is direct about this:

You cannot hold the belongings until the tenant pays back rent, court costs, the judgment, or a penalty. Those amounts have to be collected some other way. Adding a profit or a punitive fee to the storage charge is also not allowed.

What the tenant can get without paying

A tenant generally has no right to the stored property until removal and storage costs are paid in full, with a few exceptions. The tenant may still obtain:

• Clothing
• Tools, apparatus, and books of a trade or profession
• Identification and financial documents, including those related to immigration status, employment status, public assistance, or medical care

How the tenant gets the property back

If the tenant tells you in writing, on or before the date you sell or dispose of the property, that they intend to remove it, the tenant has five days to reclaim it. Within five days after a written offer to pay the storage or removal costs, you must hand over the property when the tenant tenders payment.

This step matters. If you destroy or dispose of the property before the 14 days are up, or after the tenant offers to pay, the tenant may recover the property or damages set by the court.

What happens after 14 days

If you have held the property for 14 days and the tenant has made no reasonable effort to recover it, you may:

• Sell it. Apply the proceeds to outstanding rent and other covered costs, then mail any excess to the tenant’s last known address.
• Donate it to a qualifying charity. Any tax benefit from the donation belongs to the tenant.
• Destroy or dispose of it, if you reasonably determine the property is worth so little that the cost of moving, storing, and selling it would exceed what a public sale would bring.

After a sale, keep records of the unpaid rent and the sale for twelve months. During that time, hold any excess proceeds returned as undeliverable for the tenant’s benefit.

Items you do not have to store

• Perishable items and plants. You may remove or dispose of these.
• Contaminated property. You may remove and dispose of items that are contaminated, may be a biohazard, or pose a health and safety risk.
• Animals. These have their own rules. Do not treat a pet like furniture; see § 33-1370(E) or call us first.

There is one more exception. If the tenant returned the keys and left property behind, you may generally remove and dispose of it right away, unless you agreed otherwise in writing.

Practical tips for landlords

• Keep detailed records. List each item and show how you calculated each cost.
• Use a storage facility when you can. Passing along the actual invoices is the easiest charge to prove.
• Be careful with your own space. If you store items in an empty unit, use a reasonable daily figure you can support, such as a prorated share of that unit’s rental value. Do not use an inflated fee.
• Calendar the dates. Track when you retook possession, when notice went out, and when any written offer to pay came in.

The short version

• Yes, you can charge for storage, but only actual removal and storage costs.
• Prepare an inventory and give notice by certified mail and posting.
• Hold the property for at least 14 calendar days.
• Release the property within five days after a written offer to pay, on the tenant’s tender of payment.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Landlord-tenant laws are complex and this information may not cover every aspect of your situation. Consult a qualified attorney about your individual circumstances.