questions & answers

Question: hi, as a landlord if I have a tenant that continually pays late. when provided the 5 day pay or quit they pay by the 5th day. are they allowed to do this numerous times within the lease period and the landlord just has to role with it? or after X amount of times does a landlord have the right to possibly evict based on continued late paying

Answer: A landlord may go to court to seek the eviction of a tenant for nonpayment of rent only after at least five days have passed since the landlord informed the tenant in writing (A.R.S. 33-1368(B)). Unless the rental agreement specifies that late fees will be charged when rent is not paid on time and in full (which is permissible under the Arizona Residential Landlord and Tenant Act so long as those late fees are reasonable), then the landlord has no choice but to accept payment of rent on the fifth day after notice is given.