Arizona Commercial Tenant Law

by Jill Stimson J.D. ; Updated July 27, 2017

The Arizona Residential Landlord and Tenant Act covers the state's rental transactions between residential landlords and their tenants. Commercial landlords are subject to a different set of regulations. Commercial landlords are subject to Sections 33-301 to 33-381 of the Arizona Revised Statutes. Commercial hotel owners are specifically subject to the commercial landlord and tenant laws codified in Article 1 of the Commercial Landlord and Tenant Act.

Hotel Owners and Innkeepers

As required by the Arizona Commercial Landlord and Tenant Act, hotel owners and innkeepers are required to post the summary of Arizona's lien law and their room rates in conspicuous areas, and they must place a statement of authorized charges for the cost of lodging and meals in each of their bedrooms and in at least one public area. Additionally, they must post a written copy of the Arizona Commercial Landlord and Tenant Act in a conspicuous area of their hotels and in each of their bedrooms.

Arizona law specifically limits the liability of commercial hotel landlords to $100 for property they are responsible for safekeeping and have bailment duties. Under the Arizona commercial landlord laws that apply to innkeepers and hotel owners, owners who are responsible for safeguarding a tenant's luggage are only required to pay up to $100 for losing the luggage.

Discrimination

Arizona landlords cannot refuse to rent to families with young children, and they may not use discriminatory advertising limiting their rentals to tenants without children. The Arizona Fair Housing Act and the federal Fair Housing Act covers commercial landlords who provide public accommodations. Under both sets of laws, Arizona commercial landlords cannot refuse leasing their commercial buildings to disabled tenants and cannot discriminate against tenants on the basis of religion, family status, color or race. Furthermore, commercial landlords are required to modify their buildings to accommodate disabled individuals in wheelchairs. The Arizona Department of Housing and the Arizona Attorney General's Civil Rights Division have the authority to investigate housing complaints filed by commercial tenants against their landlords.

Termination

Commercial landlords who enter into one year lease agreements with their tenants are automatically entitled to termination of their agreements after one year. However, commercial landlords can provide their tenants with written permission to remain in their commercial spaces for longer than a year. Tenants who holdover their leases illegally are automatically month-to-month tenants and are not considered year-to-year tenants. Commercial landlords can also enter into month-to-month tenancies with their tenants, and they may terminate their monthly tenancies with 10 days' written notice.

Arizona Commercial Lien Rights

Under Arizona law, landlords have a right to lien a tenant's personal possessions located within his apartment until he pays the entire delinquent rent due to his landlord. If a tenant delinquent in his rental payments fails to pay rent or fails to allow his landlord to access his apartment to take possession of his personal property, his landlord can file a legal action to recover his personal property and sell it or hold the property as collateral. The landlord's lien is effective for six months from the time the lease ends. However, under the unique lien remedy available to Arizona commercial landlords, bankrupt tenants and tenants who have died are not subject to the lien laws.

Considerations

Because landlord and tenant laws can frequently change, do not use this information as a substitute for legal advice. Seek advice through an attorney licensed to practice law in Arizona.

About the Author

Jill Stimson has worked in various property management positions in Maryland and Delaware. Stimson worked for the top three property management companies in the commercial industry and focuses her career on property building logistics and tenant relationships. She holds a Juris Doctor and a Bachelor of Science in psychology.