Home>What are Non-Residential Landlord Liens on Personal Property?

What are Non-Residential Landlord Liens on Personal Property?

August 16, 2022

By Site Producer Attorney & Retired Law Professor

If the tenant fails to pay rent, the landlord has a lien on all of his tenant’s property that is not excluded by law (such as exempt property) and is placed on or utilized on the leased premises until the rent is paid, according to non-residential landlord-tenant legislation. The lien does not protect rent owed after the lessee’s death or bankruptcy, or after an assignment for the benefit of the lessee’s creditors. When a property is sublet or a lease is assigned, the landlord has the same lien against the sub lessee or assignee as he does against the tenant and can enforce the claim in the same way. A.R.S. § 33-362.

If a tenant refuses or fails to pay rent when it is due, the landlord shall have a lien on and may confiscate as much of the tenant’s personal property located on the premises that is not exempted by law as is necessary to ensure rent payment. The landlord may sell the confiscated personal property in the manner specified by A.R.S. §33-1023 if the rent is not paid and satisfied within sixty days following seizure as provided in this section. When a property is sublet or a lease is assigned, the landlord has a same lien against the sub lessee or assignee as he does against the tenant and can enforce it in the same way. A.R.S. §33-361.

By |Published On: August 16th, 2022|Last Updated: September 14th, 2022|

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