Arizona Law Says Five-Day Written Notice Required to Evict Commercial Tenants

A family owns a small strip shopping center in Glendale. Two years ago they verbally entered into a month-to-month lease with a hair salon for $1,500 per month. Although they originally intended to have the tenant sign a written three-year lease agreement, the property owners never did. Until now, tenant always paid the rent on time however they are more than two weeks late this month. The tenant said he will try to get us this month’s rent by the end of this month. The property owner would like to rent the space to another hair salon. Are they allowed to do that? What are the property owner’s rights under Arizona Landlord Tenant Law and how do you evict a tenant?

The property owner has two options. After giving five days written notice, they can either file an eviction action in court or they can lock out they tenant. A.R.S. § 33-361. If they choose to lock out the tenant, they must do so at a time when there will not be a breach of peace, generally after working hours when there is no one in the leased space. Unlike residential tenants, commercial tenants like this hair salon have little or no protection under Arizona statutes. The philosophy is that commercial tenants and landlords are “big boys,” and can protect themselves by negotiating a written lease agreement. Most written lease agreements will have a “cure” period, e.g., requiring at least ten days written notice from a landlord before a landlord can lock out the tenant or file an eviction action in court for non-payment of rent.


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