questions & answers

Question: I own a mobile home but rent the land it sits on (in a park). Monthly, the landlord sends a bill that includes a base rent, charges for electricity, water use, and sewer. It also includes a "rent tax." I'm unsure what this rent tax is and whethere he should be paying it or I should. There is also a "service charge" of $10 on the monthly electric portion, which I think is a reading fee (a man who lives here reads the meters). Are these last two charges legitimate?

Answer: As a very general rule, a landlord is permitted to include in a rental agreement any term or condition that does not violate the law (A.R.S. 33-1314). However, the tenant must be permitted to accept or reject that term or condition before entering into the rental agreement with the landlord. A tenant cannot be compelled to pay a new fee that was not included in the rental agreement until that agreement has expired, at which point the landlord may state his intention to charge the fee and thus give the tenant the choice to either accept the fee or not renew the lease. Although most fees are lawful, so long as they are “reasonable,” it is impossible to determine from a distance whether or not the two specific fees that you have mentioned are or are not, so you may wish to speak to your landlord directly about it and/or contact an attorney.