Legal Question in Business Law in Arizona

What are the Rules of procedure in Arizona for a commercial property lock-out ? What notice must be given and when does such notice have to be given prior to proceeding with lock-out ? If no order from court, what is law on seizure of property of tenant ? What would remedy to recover property be for the tenant and what is best option to recover quickly ? Is the only option to go to court or can property be removed sooner ? The property is crucial to keep business running , As a 24hr towing company tools are essential to trade .


Asked on 2/26/14, 8:28 am

1 Answer from Attorneys
Riley Snow The Law Office of Riley S. Snow PLC

In Arizona there is no statutory protection from landlord lock out in the event of a breach of a commercial lease. This usually occurs for non-payment of rent. But a landlord is legally allowed (unless the lease states otherwise) to lock the doors without prior notice to the tenant. The landlord will likely claim a lien on any and all property located within the premises. Landlord may attempt to sell such property to recoup damages and/or rent owed.

The landlord's lien does not extend to personal property, and you can usually negotiate with the landlord to let you in to retrieve personal items and the property of others. Everything else has to be negotiated with the landlord.

If you would like to discuss your situation further, feel free to contact me. I have represented tenants in your situation and we can usually help to limit your business interruption.

Riley S. Snow

[email protected]

(480) 477-6311

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Answered on 2/27/14, 4:22 pm


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