The Notice of Abandonment. This is the exception. The Notice of Abandonment must be POSTED on the front door (or other conspicuous entry point) of the rental property AND sent on the same day via certified mail. Hand-delivery does not apply; if you are able to hand-deliver the notice, then you clearly know where the tenant is and you cannot legitimately claim that the tenant is “absent" from the rental unit or that the tenant has abandoned the rental unit. The five days in the Notice of Abandonment, however, are business days, rather than calendar days. The Notice of Abandonment can be served if:
(1) The tenant is absent from the rental unit without notice to the landlord for seven days, if rent is delinquent for ten days, and there IS personal property belonging to the tenant inside the dwelling unit; OR
(2) The tenant is absent from the rental unit without notice to the landlord for five days, if rent is delinquent for five days, and there IS NO personal property belonging to the tenant inside the dwelling unit.
Consequently, the soonest you can serve a Notice of Abandonment is the eighth day of the month or the sixth day of the month, respectively (unless the tenant is also delinquent paying rent for the prior month). If you post and mail the notice on the eighth day of the month, then count FIVE BUSINESS DAYS beginning the day after you mailed the notice. If you post and mail the notice on the sixth day of the month, then count FIVE BUSINESS DAYS beginning after the day you mailed the notice. In both cases, after the time has passed and if the tenant has not contacted you OR paid the rent, then you may re-enter the rental unit, take possession, change the locks, and move & store the tenant’s personal property (if any).
If the landlord proceeds with the abandonment, then the landlord can get possession of the rental unit in about two weeks, but the landlord loses the opportunity to get a money judgment against the tenant. The landlord can still sue the tenant in a regular civil action later and get a judgment for rent, late fees, damages, etc., but a regular civil action takes several months, rather than just a couple weeks.
Additional resources provided by the author
1. The Arizona Residential Landlord and Tenant Act
2. The Arizona Landlord's Deskbook
The Arizona Residential Landlord and Tenant ActThe Arizona Landlord's Deskbook
Author of this guide:
Carlton C Casler
Landlord / Tenant Lawyer
https://www.avvo.com/legal-guides/ugc/how-to-serve-a-notice-on-a-residential-tenant-and-how-to-count-the-days
(1) The tenant is absent from the rental unit without notice to the landlord for seven days, if rent is delinquent for ten days, and there IS personal property belonging to the tenant inside the dwelling unit; OR
(2) The tenant is absent from the rental unit without notice to the landlord for five days, if rent is delinquent for five days, and there IS NO personal property belonging to the tenant inside the dwelling unit.
Consequently, the soonest you can serve a Notice of Abandonment is the eighth day of the month or the sixth day of the month, respectively (unless the tenant is also delinquent paying rent for the prior month). If you post and mail the notice on the eighth day of the month, then count FIVE BUSINESS DAYS beginning the day after you mailed the notice. If you post and mail the notice on the sixth day of the month, then count FIVE BUSINESS DAYS beginning after the day you mailed the notice. In both cases, after the time has passed and if the tenant has not contacted you OR paid the rent, then you may re-enter the rental unit, take possession, change the locks, and move & store the tenant’s personal property (if any).
If the landlord proceeds with the abandonment, then the landlord can get possession of the rental unit in about two weeks, but the landlord loses the opportunity to get a money judgment against the tenant. The landlord can still sue the tenant in a regular civil action later and get a judgment for rent, late fees, damages, etc., but a regular civil action takes several months, rather than just a couple weeks.
Additional resources provided by the author
1. The Arizona Residential Landlord and Tenant Act
2. The Arizona Landlord's Deskbook
The Arizona Residential Landlord and Tenant ActThe Arizona Landlord's Deskbook
Author of this guide:
Carlton C Casler
Landlord / Tenant Lawyer
https://www.avvo.com/legal-guides/ugc/how-to-serve-a-notice-on-a-residential-tenant-and-how-to-count-the-days
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