Phoenix, AZ asked in Landlord - Tenant, Probate and Small Claims for Arizona

Q: Tenant now deceased. No contact with son in 60+days. 5th wheel still on my property. What legal rights do I have

Tenant lived in his fifth wheel but on my land Tucson, AZ. His son was here in Nov just after his dad passed, not heard from him since. At that time no will was presented. Can I put a lien on 5th wheel? There is a title on fifth wheel but I do not know whose name it is under. Father and son had no contact for 20 years. The deceased gave medical and durable POA to our mutual friend. Unknowingly this ended upon his death due to the fact POA was not reviewed properly. How long do I have to wait before claiming property still on my land?

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA

A: As the landlord, you have certain legal rights in this situation, but it's important to proceed carefully and in accordance with Arizona law. Here are some steps you can consider:

1. Attempt to contact the son: Make reasonable efforts to reach out to the son and inform him of the situation. Document your attempts to contact him.

2. Determine the ownership of the 5th wheel: If possible, try to find out whose name is on the title of the 5th wheel. This information can help you determine the appropriate course of action.

3. Consult with a lawyer: Given the complexity of the situation, it's advisable to consult with a lawyer who specializes in landlord-tenant law and estate law in Arizona. They can provide you with specific guidance based on the details of your case.

4. Follow the abandoned property process: In Arizona, if a tenant abandons personal property after their tenancy ends, the landlord must follow a specific process. This may involve providing written notice to the tenant or their representative, storing the property for a certain period, and eventually disposing of or selling the property if unclaimed. The exact process depends on the value of the property.

5. Consider filing a lien: In some cases, you may be able to file a lien on the 5th wheel to recover unpaid rent or damages. However, the specific requirements and procedures for doing so may depend on the terms of your lease agreement and Arizona law.

6. Be patient: Avoid taking any hasty actions, such as claiming or selling the 5th wheel, without following the proper legal process. Doing so could expose you to legal liability.

Remember, this information is for general guidance only and should not be considered legal advice. It's crucial to consult with a qualified attorney who can review the specifics of your case and advise you on the most appropriate course of action under Arizona law.

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