1. Lockout or Eviction If a tenant does not pay rent when due and it is in arrears for five days, or if a tenant violates any other provisions of a lease, a landlord may reenter and take possession or commence a forcible detainer action for recovery of possession.
2. Seizure of Tenant property. If a tenant refuses to pay rent, a landlord may seize its personal property on the premises and, after 60 days of nonpayment, sell it as provided in A.R.S. § 33-1023 and A.R.S. § 33-361.D. The landlord’s lien applies to the property of sublessees and assignees. A.R.S. § 33-361.E.
3. Landlord Waiting Period After Seizure Arizona law requires you to hold a tenant’s property in which you have a lien for 60 days before taking steps to sell or dispose of it to satisfy your lien rights. ARS § 33-361(D) states: If the tenant refuses or fails to pay rent owing and due, the landlord shall have a lien upon and may seize as much personal property of the tenant located on the premises and not exempted by law as is necessary to secure payment of the rent. If the rent is not paid and satisfied within sixty days after seizure as provided for in this section, the landlord may sell the seized personal property in the manner provided by ARS § 33-1023.
4. The sale of tenant’s seized property pursuant to a landlord’s Lien
ARS § 33-1023 governs the sale of property and the disposal of proceeds of such sale. It states:
When possession of any tenants personal property subject to a lien if the lien has continued for twenty (20) days after the charges accrue and remain unpaid, the person holding the property may notify the owner to pay the charges. Upon failure of the owner within ten days thereafter to pay the charges, the holder of the property may sell it at public auction and apply the proceeds to payment of the charges.
You must give five (5) days' notice of sale to the owner if he can be found, and if not, then by two publications in a newspaper published in the county.
If the sale of tenant property is more than the claim owed, you must deliver the surplus proceeds to the tenant if he can be found, otherwise, it must be surrendered to the State for use in the public school fund.