§ 7.2.3.3 Landlord's Lien.

• Jurisdiction: Arizona

§ 7.2.3.3 Landlord’s Lien. In commercial tenancies, during the term of the lease, a landlord has a lien on all property of a tenant placed upon or used on the premises and not exempt by law. A.R.S. § 33-362 . The lien attaches at the beginning of the tenancy, United States v. Globe Corp., 113 Ariz. 44, 546 P.2d 11 (1976) , and a landlord is not required to give notice in order to assert his lien. Lake v. Stewart, 117 Ariz. 520, 573 P.2d 920 (Ct. App. 1977).

The lien is for rent due or to become due. The landlord acquires a fixed, specific lien in the amount of the rent due on his tenant’s goods and property rather than a mere claim for priority of payment. The lien exists independent of any proceedings.

United States v. Globe Corp., 113 Ariz. at 47, 546 P.2d at 14 (citations omitted). The lien does not secure the payment of rent which accrues after the death or bankruptcy of a tenant, or after an assignment for the benefit of a tenant’s creditors. A.R.S. § 33-362(A) .

The lien attaches to all property that is placed or used on the leased premises by the tenant. However, it does not apply to property of a tenant sold by the tenant in the usual course of business and removed from the business premises. Bates & Springer of Arizona, Inc. v. Friermood, 109 Ariz. 203, 507 P.2d 668 (1973) . Nor does the lien apply to property sold prior to the lease that remains on the property or property which is leased by the tenant and owned by a third party. Id. See also Western States Securities Co. v. Mosher, 28 Ariz. 420, 237 P. 192 (1925) . The property of another person, although found on the premises, is not subject to the landlord’s lien. A.R.S. § 33-362(B) . If the premises are sublet, or if the lease is assigned, a landlord’s lien also applies against the sublessee or assignee and may be so enforced. A.R.S. §§ 33-361(E), -362(D) .

A landlord has a lien for rent against crops grown or growing upon the leased premises. A.R.S. § 33-362(C) . The lien commences when the crops begin to grow and continues for a period of 6 months after expiration of the term of the lease. Id. The lien applies regardless of whether the rent is payable in money, articles of property, or products of the premises. Id.

A landlord’s lien is superior to any subsequent lien created by the tenant in property which is placed or used on the premises and not otherwise exempt. Gila Water Co. v. International Finance Corp., 13 F.2d 1 (9th Cir. 1926) ; Dewar v. Hagans, 61 Ariz. 201, 146 P.2d 208...