questions & answers

Question: If I was being charged by landlord for pet without it being listed in my contract are they supposed to reimburse the money that was charged? This was going on almost a year-and-a-half, until I went directly to the management can I have the fees taken off.

Answer: If a tenant agrees to pay a fee that was not specified in the rental agreement, and the landlord gives something to the tenant in return, then the landlord may argue that the two parties mutually and voluntarily altered the rental agreement. However, if the landlord charged a fee that it knew it should not be charging, and the tenant derived no benefit from their payments, then the landlord may have violated the rental agreement, because every rental agreement requires that all parties act in good faith (A.R.S. 33-1311; A.R.S. 33-1410; A.R.S. 33-2103).