Arizona Commercial Lease Lockout (A.R.S. § 33-361), TPT Tax & Rooftop HVAC Redline
Under Arizona Revised Statutes (A.R.S.) § 33-361 and § 33-362, if commercial rent stays unpaid just 5 days past the due date, an Arizona landlord can legally re-enter, lock the doors without a court hearing, and seize all tenant personal property inside the suite under a statutory Landlord’s Lien. Simultaneously, Phoenix and Scottsdale summer temperatures (115°F+) destroy commercial rooftop package HVAC units in 8–10 years—and Arizona NNN leases shift 100% of HVAC replacement onto the tenant.
Retail Tenant Billed $38,400 to Replace Landlord’s 19-Year-Old Rooftop HVAC Unit in Month 7
A medical spa signed a 5-year NNN lease accepting the premises "AS-IS" with full responsibility to "maintain, repair, and replace HVAC systems." Seven months after opening, the 19-year-old rooftop compressor died and the landlord forced the tenant to pay $38,400 for a brand-new 20-year unit the landlord kept.
RedlineCore™ flags "replace" and "AS-IS" HVAC language, shifting capital replacements to Landlord (or capping Tenant HVAC exposure at $1,500–$2,500/year with 15-year GAAP amortization).
Check Your Full Contract PDF for Cross-Section Overrides (Free 60s Scan)
Fixing one clause alone often fails when a buried definition, exhibit, or survival clause elsewhere in your Roofing, Hail & Wind Scope neutralizes your protection. Drop your PDF or Word (.docx) below for an instant, 100% anonymous cross-section audit.
“Arizona Statutory Cure, Lien Waiver & HVAC Cap: (a) Landlord shall not exercise any re-entry or lockout remedy under A.R.S. § 33-361 unless Tenant fails to cure a monetary default within ten (10) business days after receipt of written notice from Landlord; (b) Landlord waives its statutory landlord’s lien under A.R.S. § 33-362 on Tenant’s
What to Say to the Property Insurance Carrier / Desk Adjuster
"Given Phoenix summer HVAC loads, we need a 12-month delivery warranty and a $1,500/year cap on HVAC repairs with Landlord covering unit replacement, plus a 10-business-day written cure notice before any A.R.S. § 33-361 lockout and a waiver of the § 33-362 lien."
Why they drafted it this way: Arizona’s 5-day statutory lockout and automatic personal property seizure under A.R.S. § 33-361/362 give landlords extreme leverage if you do not add a written notice requirement.
Mandatory Audit Checklist Points
- Require 10 business days written notice before Landlord can exercise A.R.S. § 33-361 lockout
- Waive Arizona statutory Landlord’s Lien under A.R.S. § 33-362 on all equipment and inventory
- Cap Tenant rooftop HVAC repair liability at $1,500/unit/year with Landlord paying for full unit replacement
- Abate Base Rent if AC cooling fails inside the Premises for more than 48 consecutive hours during summer months
Paste Your Arizona commercial lease lockout ARS 33-361 HVAC redline Section or Upload Your Full Roofing, Hail & Wind Scope (.pdf / .docx)
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Frequently Asked Questions
Can an Arizona commercial landlord lock me out after 5 days without a court eviction?
Yes! Under A.R.S. § 33-361(A), when a commercial tenant neglects or refuses to pay rent for 5 days after it is due, the landlord may re-enter and take possession without formal legal action unless your lease requires prior written notice and a cure window.
How do I redline Arizona commercial lease lockout ARS 33-361 HVAC redline traps in my Roofing, Hail & Wind Scope anonymously without creating an account?
Upload your Roofing, Hail & Wind Scope PDF or Word (.docx) draft to ClaimXray.com to run the "Arizona Commercial Lease Lockout (A.R.S. § 33-361), TPT Tax & Rooftop HVAC Redline" defense cartridge 100% anonymously—with zero account registration, zero email login, and stateless in-memory processing. RedlineCore™ 4.0 flags Arizona commercial lease lockout ARS 33-361 HVAC redline exposure (typically $20,000 – $95,000 in Phoenix rooftop HVAC replacements & 5-day lockouts; documented unredlined loss: $38,400 out-of-pocket capital replacement), checks for cross-section overrides, and exports a ready-to-send Microsoft Word (.docx) Track-Changes file.
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