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Zephyr111972 · Jul 4, 2008, 10:53 AM

I am a single Dad in AZ who allowed a roommate to move in with my 15 yo son and I on June 5th. He put down a $450.00 deposit (which the landlord is holding) and his rent. Per the sub-lease agreement that I have with him, if either party was not happy with the other we needed to provide a 30 day written notice to terminate our agreement. He was turning out to be quite a slob and also his behavior was very erratic so I had planned on collecting his rent in July and giving him his 30 day notice. He went down to Mexico on June 25th for dental surgery, he originally said he would be gone 2 days. He called me on June 28th advised me that his wallet was stolen and told me a very weird story that changed 3 times during our conversation. He said he would return home on June 29th. He did not show up so I called the hotel on June 30th. He was checked out, he had to be removed by the Yuma police dept for non payment and erratic behavior?? That was on Monday here it is Friday and he is no where to be found and he has never called me. I have contacted several law enforcement agencies and they do not have any record of accidents or him be put in jail. Per the agreement I can terminate the lease immediately for non payment (he is in default because rent was due on the 1st). My agreement clearly states that after 5 days I can sell his abandon belongings to cover expenses or dispose of. He has some expensive things here such as a new flat screen TV and Queen Size bed. My thoughts are that I would like to change the locks and garage door code so he does not have access as he has not paid rent. I also do not want him in the house with my son if I am not here after recent events. I figured I would store all of his things in my garage for 30 days (except for some of the electronics I worry about the garage being to hot so I will keep them in the house- AZ summers are brutal). If he does not come back within 30 days then dispose or sell his property to recoup my losses (he jacked up my cable bill and internet bill). I know that I have the agreement but is that enough legally to cover me? Is 30 days long enough? Can I sell his stuff legally with this agreement? Can I lock him out? Any assistance would be helpful, this is just a totally bizarre situation.

JudyKayTee · Jul 4, 2008, 11:48 AM

Originally Posted by Zephyr111972

I am a single Dad in AZ who allowed a roommate to move in with my 15 yo son and I on June 5th. He put down a $450.00 deposit (which the landlord is holding) and his rent. Per the sub-lease agreement that I have with him, if either party was not happy with the other we needed to provide a 30 day written notice to terminate our agreement. He was turning out to be quite a slob and also his behavior was very erratic so I had planned on collecting his rent in July and giving him his 30 day notice. He went down to Mexico on June 25th for dental surgery, he originally said he would be gone 2 days. He called me on June 28th advised me that his wallet was stolen and told me a very weird story that changed 3 times during our conversation. He said he would return home on June 29th. He did not show up so I called the hotel on June 30th. He was checked out, he had to be removed by the Yuma police dept for non payment and erratic behavior??? That was on Monday here it is Friday and he is no where to be found and he has never called me. I have contacted several law enforcement agencies and they do not have any record of accidents or him be put in jail. Per the agreement I can terminate the lease immediately for non payment (he is in default because rent was due on the 1st). My agreement clearly states that after 5 days I can sell his abandon belongings to cover expenses or dispose of. He has some expensive things here such as a new flat screen TV and Queen Size bed. My thoughts are that I would like to change the locks and garage door code so he does not have access as he has not paid rent. I also do not want him in the house with my son if I am not here after recent events. I figured I would store all of his things in my garage for 30 days (except for some of the electronics I worry about the garage being to hot so I will keep them in the house- AZ summers are brutal). If he does not come back within 30 days then dispose or sell his property to recoup my losses (he jacked up my cable bill and internet bill). I know that I have the agreement but is that enough legally to cover me? Is 30 days long enough? Can I sell his stuff legally with this agreement? Can I lock him out? Any assistance would be helpful, this is just a totally bizarre situation.

I am not sure about Arizona law but your agreement aside, I would check with an Attorney before disposing of his belongings. You do have a bailment situation here (an agreement to care for his "stuff") and I don't think 30 days is sufficient time, particularly since you cannot send him a letter advising him his "stuff" is going. Put it in the garage for the time being but make sure the garage is secure and safe.

If your agreement is that you can evict him immediately, sell his stuff, well, you can try it but I'm not sure he can waive his legal rights - which would be the appropriate notice. And I'm not sure he wouldn't come back at you and perhaps win.

If you think he's a danger to you or, particularly your son, I would check with the Court Clerk about an immediate hearing to get him out so if he does show up you don't have to let him back in. The Clerk will be able to tell you about changing the locks and garage door code.

ScottGem · Jul 4, 2008, 12:50 PM

I agree with Judy. I don't think your agreement would stand up in court. Before you could legally sell his stuff, you would have to have them declared abandoned and I don't think your agreement would meet the legal definitions for abandonment.

You definitely cannot change the locks without legally evicting him. I'm also not sure YOU can evict him. You said "He put down a $450.00 deposit (which the landlord is holding) and his rent". Was the rent paid to you or the landlord. Did the landlord sign off on the sub lease agreement or just the two of you. The point is, that if the landlord is part of this agreement, then he has to evict since he's the landlord, not you.

If you are truly the landlord, you have to give him 30 days notice and then file for an eviction. You may be able to do a pay or vacate notice according to the laws in your area, but if you can't find him to serve him, that may not work.

rockinmommy · Jul 4, 2008, 01:10 PM

Do everything in writing and send it all to his last known address (yes, I realize it's your address, but if that's all you have for him that's all you can do.) If you are his landlord I'd follow typical eviction proceedings for non-payment. Again, just give the court his last known address. Typically for eviction suits the person doesn't have to be served in person. The law enforcement agency that serves notices will post it on the front door if they don't find him at home.

When you follow through with the eviction procedure the JP or whoever hears those cases in your area should be able to advise you what needs to happen with his belongings.

Fr_Chuck · Jul 4, 2008, 02:50 PM

Yes, your agreement would easily be thrown out as illegal, since it does not follow proper rental law for your state. Esp selling his items after 5 days, Even with a rental agreement there are legal eviction procedures that have to be gone though. But him missing it makes it a lot worst.

File for legal eviction though the courts, check your local state law on what to do with his belongings,

JudyKayTee · Jul 5, 2008, 05:47 AM

Originally Posted by rockinmommy

Do everything in writing and send it all to his last known address (yes, I realize it's your address, but if that's all you have for him that's all you can do.) If you are his landlord I'd go ahead and follow typical eviction proceedings for non-payment. Again, just give the court his last known address. Typically for eviction suits the person doesn't have to be served in person. The law enforcement agency that serves notices will post it on the front door if they don't find him at home.

When you follow through with the eviction proceedure the JP or whoever hears those cases in your area should be able to advise you what needs to happen with his belongings.

In some areas you have to swear that the address you have provided is a good address and I wouldn't swear to that statement if it is not the truth. You are expected to make every effort to locate the person.

I would ask the Court Clerk for advice in this situation - it might be to serve at your address but it also might not.