Landlord and Tenant Rights and Responsibilities

questions & answers

Question: We sent rent check through certified mail (don't trust property manager). However, they are not at their offices, and now refuse to pick it up from post office. They said they will charge late fees because rent is not paid.. Can they do this?

Answer: The following is provided for information purposes only and should not be construed as legal advice. In order to determine specifically how the law applies to your specific situation, you may consider consulting an attorney directly. A lease is a contract, and as such parties may agree to key terms, including how payment will be made. If your lease contains a clause that specifically states how rent must be paid, then rent MUST be paid in that manner. If your lease does not contain such a clause, then the Arizona Revised Statutes provide a clause that will be “substituted in.” According to A.R.S. § 33-1314, “Rent shall be payable without demand or notice at the time and place agreed upon by the parties. Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month.” Essentially this means that in the absence of an agreement otherwise, rent is payable at the location a tenant is renting from, most likely the property manager’s office. If reasonable efforts to make payment have been made, there MAY be an argument against the charging of the late fees--but in order to contest these late fees it is likely that you would have to go to court. ].