questions & answers

Question: I sent my July rent on the 30th of June, the 8th my landlord tells me am late and to send rent and late fees. I sent him an email telling him I had sent it since the 30th, no response. I sent him another one saying that I will resend the check again, no response either. apparently he hasn't receive the new check either. Becouse it hasn't cleared. I asked him if he had gotten it and he said he would check and get back to me but no answer yet. I have no returned mail. Is it possible he wants to evict me?

Answer: Under the Arizona Residential Landlord and Tenant Act, “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” (A.R.S. 33-1314). A landlord who does not receive a rent payment at the appropriate place and on time may charge a “reasonable late fee,” but only so long as that late fee is specified in the rental agreement (A.R.S. 33-1368(B)). It is strongly recommended that all payments and other correspondence between a tenant and the landlord be delivered by registered or certified mail (or otherwise be traceable). Although a record of your emails may be helpful if the landlord does eventually try to evict you on the grounds of nonpayment of rent, you may wish to re-send the check yet again by registered or certified mail -- your bank can advise you as to whether and how you should cancel the previous ones -- and include a short letter describing what happened and stating your intention to continue your tenancy. Unfortunately, if your lease did specify a reasonable late fee, then you could potentially be on the hook for more than the monthly rent payment.