General Housing Information

questions & answers

Question: If a person lives in my house rental free and has moved out her belongs of her own free will. Can I change the locks with no waiting period?

Answer: This is a difficult question to answer without knowing exactly what sort of arrangement you had with the person who lived in the house or the circumstances under which they left. If this person was merely a guest as opposed to a tenant, then in theory no waiting period applies. If, however, you did (or still do) have a rental agreement (whether written or merely spoken) with this person, then the relevant issue is whether or not that agreement has now ended. If it has ended, then in theory no waiting period applies. But if what happened is that this person unexpectedly abandoned the dwelling without providing you with notice of their intention to terminate the rental agreement and/or vacate the house, then in theory you as the landlord are required under the Arizona Residential Landlord and Tenant Act to (1) send the tenant a notice of abandonment by certified mail, return receipt requested, addressed to the tenant’s last known address and to any of the tenant’s known alternate addresses and (2) post a notice of abandonment on the door to the house or any other conspicuous place on the property for at least five days before you retake possession (A.R.S. 33-1370).