The person locked the room that I let her use and told me that I would be breaking the law if I were to try to enter and remove her belongings. She no longer is staying with me and I need to utilize the space. What is the best way for me to handle this situation?
Criminal Defense Attorney
The Arizona landlord tenant act would likely not apply BC there wouldn't be a lease agreement and this is more of a roommate situation. She therefore can't exclude you from entering the room. However, I would suggest that you not dispose of her belongs until you have notified her of it's location and that you intend to sell it within a reasonable time, perhaps two weeks. Then, if you do sell anything, you need to sell for a reasonable price and she is entitled to the money. If there is damage to the room then you could apply the process of the sale to offset the damage. Most importantly, document everything, inclusion, any contact you have with her and exactly what you do with her property.
Attorney David Kephart is an experienced Trial Attorney and Jury Consultant. He is the recipient of the Arizona Attorneys for Criminal Justice President's Award and the recipient of the International Academy of Trial Lawyers Commendation for Excellence in Trial Advocacy. His response to your question is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship, and does not create a right to continuing email exchanges.
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