Enacted as part of the 1956 Arizona Revised Statutes, the laws governing commercial tenancies provide landlords with robust re-entry rights and statutory liens. Arizona is known as a landlord-friendly state, and this extends to commercial evictions. The process is generally faster than residential evictions, and landlords have powerful "self-help" remedies available if a tenant defaults on rent. However, strict adherence to statutory procedures and the lease agreement is required.

Official Law Citation: The rules and regulations outlined on this page are strictly configured under the official Arizona Revised Statutes (A.R.S. § 33-361)Preview unavailable.

Grounds for Commercial Eviction

A commercial landlord in Arizona can initiate an eviction for several reasons:

1. Non-Payment of Rent: The most common cause.
2. Material Breach of Lease: Violating specific terms of the commercial lease agreement.
3. Holdover Tenancy: Remaining on the property after the lease has expired without the landlord's consent.
4. Illegal Activity: Conducting unlawful business on the premises.

The Notice Process

The required notice period depends on the reason for eviction and the specific terms outlined in the commercial lease agreement. The lease terms generally supersede statutory notice requirements if they are explicitly stated.

Non-Payment of Rent (And Lockouts)

Under A.R.S. § 33-361, if a commercial tenant's rent is in arrears for five days, the landlord has the right to re-enter the premises and take possession, provided the lease does not prohibit it.

• Commercial Lockouts: Arizona is one of the few states that permits commercial landlords to perform a "lockout" (changing the locks) without a court order if rent is unpaid for five days. This must be done peacefully.
• Lien on Property: The landlord also has a statutory lien on all non-exempt personal property of the tenant located on the premises. The landlord can seize this property and, if rent remains unpaid for 60 days, sell it to satisfy the debt under A.R.S. § 33-361(D).

Material Breach of Lease

For violations other than non-payment of rent, Arizona law does not mandate a statutory cure period for commercial tenancies. Under A.R.S. § 33-361(A), the landlord may re-enter the premises as soon as a tenant violates any provision of the lease. However, most commercial leases explicitly define a notice and cure period (often 10 to 30 days). Landlords must strictly follow the lease's specific default procedures to avoid liability for wrongful eviction.

Month-to-Month Tenancy

To terminate a month-to-month commercial lease without cause, the landlord must provide at least 10 days' written notice before the end of the current rental period (A.R.S. § 33-341).

The Forcible Detainer Action (Court Process)

If the tenant refuses to vacate after receiving the appropriate notice, or if the landlord prefers to avoid self-help lockouts, the landlord must file a Forcible Detainer (eviction) action in the appropriate Justice Court or Superior Court.

Important Considerations

• Peaceful Re-entry: If performing a lockout, it must be peaceful. Any breach of the peace or use of force can result in serious legal liability for the landlord.
• Wrongful Eviction Liability: Landlords who improperly perform lockouts or seize property without statutory justification can be sued for significant damages. It is highly recommended to consult an attorney before executing a self-help lockout.
• Abandonment: If the tenant abandons the property, the landlord has a duty to mitigate damages by making reasonable efforts to re-rent the space at fair market value.

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