A.R.S. § 33-361(A), if a tenant is past due
on rent for a period of no less than five days, the landlord has a
statutory right to retake possession of the premises and lock out
the tenant. However, in exercising this right to lock out the
tenant, the landlord must be mindful of the following:
Lockout is not a proper remedy if
will breach the peace or require excessive force.
Excessive force, breaching the peace, or any other unlawful
lockout may result in civil liability to the landlord.
Claims may arise from time to time regarding the property that was
located inside the premises at the time of the lockout. To avoid
these issues, the landlord is advised to prepare a video inventory
of the property inside the premises immediately upon retaking
possession via the lockout.
Given that a breach of the peace is the
biggest concern for a landlord seeking to pursue a lockout remedy,
negotiating a stipulated turnover would be the best-case scenario.
However, in attempting to do so, the landlord will alert the tenant
to the impending lockout and increase the likelihood of a breach of
the peace; thus, this is often not a viable option.
In such situations, the landlord is left
with no choice but to exercise its lockout rights, and would be well
advised to take all necessary steps to ensure that the peace is
maintained (e.g., do it during non-business hours, hire security,
 The lockout remedy is not an
exclusive remedy, and does not preclude a later litigation based
claim for monetary damages relating to the lease. See Roosen v.
Schaffer, 127 Ariz. 346, 621 P.2d 33 (1980).
 See Miller v. Condon, 66
Ariz. 34, 182 P.2d 105 (1947).