questions & answers

Question: My tenants have two months left on their lease. They have moved out and my home is empty. They have made and given keys to cleaners and repair people without my knowledge or permission. Is this legal? Can I have the locks changed even though they are still paying rent?

Answer: Under the Arizona Residential Landlord and Tenant Act, a tenant who is continuing to pay their rent is not considered to have abandoned the property. A.R.S. 33-1370(J) says the following: “For the purposes of this section ‘abandonment’ means either the absence of the tenant from the dwelling unit, without notice to the landlord for at least seven days, if rent for the dwelling unit is outstanding and unpaid for ten days and there is no reasonable evidence other than the presence of the tenant’s personal property that the tenant is occupying the residence or the absence of the tenant for at least five days, if the rent for the dwelling unit is outstanding and unpaid for five days and none of the tenant's personal property is in the dwelling unit.”