Arizona Laws 47-2A525. Lessor’s right to possession of goods
A. If a lessor discovers the lessee to be insolvent, the lessor may refuse to deliver the goods.
Terms Used In Arizona Laws 47-2A525
- Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
- Contract: A legal written agreement that becomes binding when signed.
- Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (section 47-2A309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles or minerals or the like, including oil and gas, before extraction. See Arizona Laws 47-2A103
- Lease: means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. See Arizona Laws 47-2A103
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lessee: means a person who acquires the right to possession and use of goods under a lease. See Arizona Laws 47-2A103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See Arizona Laws 47-2A103
- Process: means a citation, writ or summons issued in the course of judicial proceedings. See Arizona Laws 1-215
B. After a default by the lessee under the lease contract of the type described in section 47-2A523, subsection A or section 47-2A523, subsection C, paragraph 1 or, if agreed, after other default by the lessee, the lessor has the right to take possession of the goods. If the lease contract so provides, the lessor may require the lessee to assemble the goods and make them available to the lessor at a place to be designated by the lessor which is reasonably convenient to both parties. Without removal, the lessor may render unusable any goods employed in trade or business, and may dispose of goods on the lessee’s premises (section 47-2A527).
C. The lessor may proceed under subsection B of this section without judicial process if it can be done without breach of the peace or the lessor may proceed by action.