questions & answers

Question: My landlords son has a office downstairs from my apartment there is 4 apartments. He is never there beyond 6 pm and never calls for the rent we have to track him down to pay him and he will only take cash he posted a note in the hallway that stated he will start adding late fees if payment is 5 days late 50.00 and 100.00 if paid after the 15th how can he just start doing that if he is never around to collet the rent? Also I live on the 1st floor and have a child under 10 should I have window guards on my windows?

Answer: The manner in which rent is collected – as well as any applicable late fees – must be specified in the rental agreement. As to the collection of rent, the Arizona Residential Landlord and Tenant Act says that “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” (A.R.S. 33-1314). Under Arizona law, a written rental agreement must provide the name and address of both (1) “the person authorized to manage the premises” and (2) “an owner of the premises or a person authorized to act for and on behalf of the owner for the purpose of service of process and for the purpose of receiving and receipting for notices and demands” (A.R.S. 33-1322(A)), so you may wish to send a signed and dated letter to one or both of those addresses by certified mail, return receipt requested (keeping a copy for your own records), requesting confirmation of how you should tender your rent. As to the charging of late fees, a landlord may not start charging late fees unless the tenant agreed to those fees (or to the possibility of the landlord deciding to charge them) before the tenant and the landlord entered into the rental agreement (A.R.S. 33-1368(B)).