ARIZONA HOUSE OF REPRESENTATIVES

57th Legislature, 2nd Regular Session

Majority Research Staff

HB 2863: landlord tenant; eviction; personal property

Sponsor: Representative Nguyen, LD 1

Committee on Commerce

Overview

Requires the owner of the property to comply with processes regarding the removal of personal property of the tenant of any other occupant of the premises.

History

A writ of restitution may be issued by the superior court after a tenant's appeal of their eviction is denied. The writ of restitution or execution is then executed by the sheriff, and on the day after, the landlord is required to comply with statutory processes regarding retaking possession of the dwelling unit and the removal of the tenant's personal property, if it remains.

If personal property is left in the dwelling unit after the tenant's removal, the landlord is required to: 1) send the tenant a notice of abandonment through mail; 2) post a notice of abandonment on the door to the dwelling unit; and 3) prepare an inventory and notify the tenant of the location and cost of storage of the personal property. The landlord is required to hold the tenant's personal property for 14 calendar days after the landlord retakes possession of the unit.

If the tenant notifies the landlord that they intend to remove their personal property, the tenant has 5 days to do so. If the tenant returns the keys to the dwelling unit and there is personal property remaining the landlord may immediately remove and dispose of the personal property without liability, to the tenant or a third party (A.R.S §§ 12-1181; 33-1370).

Provisions

1. Adds that the owner of the property, in additional to the landlord, must comply with statutory requirements regarding the tenant's personal property and the personal property of any other occupant of the premises. (Sec. 1)

2. Makes a technical change. (Sec. 1)

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6. Initials PB/AI HB 2863

7. 2/5/2026 Page 0 Commerce

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