Lien law

Arizona self storage lien laws

In Arizona you may sell only after the tenant is in default more than 30 days and two written notices have run, the second giving at least 14 days to pay. Arizona does not require a newspaper ad.

Last updated By Stitch Storage Team6 min read

General information, not legal advice. Lien law changes and courts read statutes differently. Last reviewed Oct 19, 2026. Review any notice or sale with your attorney before you act.

In Arizona, an owner may sell a unit's contents only after the tenant has been in default for more than 30 days, so day 31 is the earliest sale date. Two written notices must go out first: a default notice, then a second notice by first class mail at least 7 days later that gives the tenant at least 14 days to pay.

This page is general information, not legal advice. Review your facility's notices and sale plan with your attorney before you act.

Arizona lien timeline at a glance

Arizona's self-service storage law is A.R.S. § 33-1701 and the sections after it. The lien starts the day rent is due and unpaid. The statute sets no minimum age before you send the first notice, but it does bar a sale until default passes 30 days.

StepEarliest timingWhat the law requiresCitation
1. Rent due, defaultDay 0Lien arises for rent, late fees, labor and sale costs from the date rent is unpaid and due.§ 33-1703(A)
2. Late feeDay 0, with prior noticeCharge a reasonable fee each month. The lease must state it in 10-point bold type with due and accrual dates, or you send a verified mail notice first.§ 33-1703(B)(4), (E), (F)
3. Deny access (overlock)Day 0You may deny access while the tenant is in default.§ 33-1704(L)
4. First notice of defaultNo minimum statedSend by verified mail or email to the last known address.§ 33-1704(B)(1)
5. Second noticeAt least 7 days after the first notice is mailedFirst class mail. States the claim, a payment demand of at least 14 days after mailing, and the sale time and place. Add 30 days if the address is outside the continental U.S.§ 33-1704(B)(2)-(4)
6. Notice to lienholdersAt least 10 days before saleVerified mail to known lienholders and secured parties.§ 33-1704(B)(4)
7. Move to safekeepingAfter default over 30 daysYou may move the property to a place of safekeeping until the sale.§ 33-1704(M)
8. SaleDay 31 at the earliestPublic sale for cash, only after both notices and the demand period have run. The tenant may redeem any time before the sale.§ 33-1704(A), (C)

The notice periods add up to at least 21 days from the first notice (7 days, then 14 days). The 30-day default rule is the longer clock, so most owners will not reach a sale before day 31. Confirm the exact count with your attorney.

Worked example

Say rent of $95 is due on March 1 and unpaid. You email the first notice on March 5 and mail the second notice on March 12, which is 7 days later. The second notice demands payment by March 26, which is 14 days after mailing. March 31 is day 30 of default, so the first lawful sale date is April 1, day 31, once the notice periods have also run. If you had mailed the second notice on March 20, the pay deadline would be April 3 and the sale could not happen before then.

Notice requirements

Arizona uses two notices.

  • First notice of default: verified mail (any USPS method that gives evidence of mailing) or email. Email counts only if there is an address in the rental agreement or a later written change.
  • Second notice: first class mail, not email. It must say the contents are subject to a lien, the amount claimed and charges that may accrue, a demand for payment within a stated time (at least 14 days after mailing), and that the contents will be sold at a stated time and place. Include your name, street address and phone.
  • Lienholders: verified mail to known record lienholders at least 10 days before the sale.

Keep proof of every mailing. The statute does not say how long to keep it, so ask your attorney for a retention rule.

Alternate contact

Arizona has no alternate contact rule. The lease must ask the tenant to disclose any lienholders and any protected property in the unit. You must notify lienholders you know about, whether disclosed in the lease or by other written or recorded notice.

Advertising the sale

The statute text does not require a newspaper or website advertisement. A 2024 bill (HB2087) was mentioned in research results and its effect was not confirmed, so ask your attorney whether any advertising rule has been added since. The statute does not say whether an online auction counts as a public sale, so confirm that before you list a unit online.

Late fee limits

Arizona lets you charge a reasonable late fee each month rent is unpaid. A fee of the greater of $10 per month or 20% of the monthly rent is deemed reasonable (§ 33-1703(E)). You must give adequate notice before you charge it: a 10-point bold statement in the lease with the due date and when the fee accrues, or a verified mail notice (§ 33-1703(F)). On a $95 unit, 20% is $19, so the cap you can safely use is $19.

Sale rules, surplus and records

The sale is a public sale for cash. It is deemed commercially reasonable if five or more bidders unrelated to you attend (§ 33-1704(G)). Protected property may not be sold. That means documents with personal information, alcohol, pharmacy-labeled drugs not dispensed by a pharmacy, and firearms. Destroy it or turn it over to the authorities.

Surplus: pay sale costs, then non-subordinated lienholders, then your own lien, then subordinated lienholders. The tenant gets the rest on demand. If the tenant does not claim it within 90 days of the sale, send the balance to the Department of Revenue. The tenant can reclaim it for 2 years after that. Your liability is limited to net proceeds if you followed the statute. Keep full records of notices, bids and the accounting.

Vehicles, boats and trailers

Arizona's definition of vehicle covers motor vehicles, trailers, semitrailers and motorized watercraft. Notice also goes to the registered owner from motor vehicle records, with the VIN, at the same times as the tenant notices. If a vehicle, watercraft or trailer is in default over 30 days, you may have it towed after at least 10 days notice by verified mail or email that names the towing company (§ 33-1704(E)). A.R.S. § 28-4839 does not apply to a vehicle in the unit.

Active-duty military (SCRA)

Arizona's storage article has no military-specific rule that research found. Federal law adds protections for servicemembers, and owners must check a tenant's military status before a sale. See 50 U.S.C. 3958 for the federal rule.

Common mistakes checklist

  • Selling on day 30 or earlier. The default must be more than 30 days old.
  • Sending the second notice by email. It must be first class mail.
  • Setting a pay deadline less than 14 days after the second notice mailing.
  • Skipping the lienholder letter or the registered-owner letter for a vehicle.
  • Charging a late fee that the lease did not state in 10-point bold type and with no prior notice.
  • Selling guns, alcohol or paperwork with personal data instead of handing them over or destroying them.
  • Fewer than five unrelated bidders and no other proof the sale was commercially reasonable.
  • Not checking active-duty status before the sale.

Tools and next steps

Plan your dates with the lien timeline calculator. Compare other states on the self storage lien laws hub. Read the self storage auction process guide for the full walk-through, and start from the lien notice template. If you want the dates tracked for you, see lien and auction management.

Sources and review

Statute text was read on the official or published sources listed in this page's source list. Last reviewed: October 19, 2026. Laws change, and courts read them differently. This is general information, not legal advice. Review every notice and sale with your attorney before you act.

This page is general information, not legal advice. Review your lien process and every notice with your attorney.

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Frequently asked questions

How long before I can auction a unit in Arizona?

The tenant must be in default more than 30 days, so day 31 is the earliest. The two notices and the 14-day payment demand must also have run.

Does Arizona require a newspaper ad for a storage auction?

The statute text does not require one. Ask your attorney to confirm no advertising rule has been added since 2024.

Can I send the Arizona lien notices by email?

The first notice may go by verified mail or email. The second notice must go by first class mail.

How much can I charge for a late fee in Arizona?

A fee of the greater of $10 or 20% of monthly rent is deemed reasonable, with prior notice as the statute describes.

What happens to money left after the sale in Arizona?

Pay the tenant on demand. If unclaimed after 90 days, pay the balance to the Department of Revenue.

Sources