questions & answers

Question: My Landlord is charging me late fees because I owe late fees. Can they do that? They charge $10 a day for late fees and I only pay $579. in rent. I know that they take out late fees first with any money you give them so they keep you behind so they can keep charging you late fees. How can that be legal?

Answer: Under the Arizona Residential Landlord and Tenant Act, the terms and conditions of the rental agreement generally determine what the landlord may and may not do, so long as those terms and conditions are not prohibited by the Act or other law (A.R.S. 33-1314(A)). Under the Act, landlords are permitted to charge late fees so long as those fees (a) were stated in a written rental agreement and (b) are “reasonable” (A.R.S. 33-1368(B)). If you believe that the fees that you are being charged are unreasonable, then you may want to consider contacting an attorney. There are links to free and low-cost legal services on this website there are links to free and low-cost legal services on this website, and the LegalLEARN Helpline toll-free telephone number is 1-866-637-5341.