questions & answers

Question: My boyfriend and I paid our rent 435 + 48 late fees for the prior month leaving us a balance of 65 dollars in late fees for this month. I seen AZ law states that a 10% total rent is the most that can be charged for late fees. Per the rental agreement, the only mention of late fees 25.00 + 5.00 daily late fees until for any portion of rent that is not paid. There is no section devoted to late fees as required by AZ law. I was wondering can a landlord charge late fees on the months late fees?

Answer:

The Arizona Revised Statute § 33 on Property, makes no mention of a state law specifying a set amount that a landlord may charge for a late fee.  As a tenant, your responsibility is to pay the rent on time and any associated late fee amount that is written in your contract.  The late fee of $25 plus $5 extra per day that you don’t pay the rent, does not seem an unreasonable amount to charge.  If you don’t pay the entire rent plus any late fees on time, this could be considered a breach of your contract, and your landlord could start eviction proceedings against you.  Therefore, it would be best to pay your rent and any late fees on time.