A Lien On Your House
A.R.S. 33-1002 — no lien on an owner-occupied home except by someone with a written contract with the owner
An owner-occupied home. No lien is allowed or recorded against the dwelling of a person who became an owner-occupant before the work, except by someone who signed a written contract directly with the owner-occupant. A provision waiving that rule is void.
Who is an owner-occupant. A person who held recorded title before the work began and lives or intends to live in the dwelling at least thirty days during the twelve months after completion, without intending to sell or lease it to others.
| The step | The statute's answer |
|---|---|
| The stepRecording the notice and claim of lien | The statute's answerWithin one hundred twenty days after completion, or sixty days after a notice of completion is recorded, then served on the owner |
| The stepHow long it lasts | The statute's answerSix months after recording, unless an action to enforce it is brought and a notice of pendency recorded |
Fees. In an action to enforce a lien, the court may award the successful party reasonable attorney fees.
The preliminary notice is in a section not on this page. Whether a particular lien is valid, and how to contest or discharge one, are questions for a licensed Arizona attorney.
Sources for this section (3)
- A.R.S. 33-1002 — Inapplicability of certain liens to owner-occupied dwelling; waiver void
- A.R.S. 33-993 — Procedure to perfect lien; notice and claim of lien
- A.R.S. 33-998 — Limitation of action to foreclose lien; attorney fees
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.