Mesa, AZ asked in Real Estate Law for Arizona

Q: I’m charged with 12 months of late fees at the end of lease. I was never told my rent was arriving late. Is that legal?

Is a landlord required to inform me that my rent is late at the time it is received? I obviously would have altered the way I was paying if I knew it was arriving late and that I would be accruing $650 in late fees... I paid in money orders, so there’s no way for me to confirm when it was received/deposited. Do I have legal grounds to fight this?

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1 Lawyer Answer
Peter H. Westby
Peter H. Westby
  • Scottsdale, AZ
  • Licensed in Arizona

A: You may have grounds to fight this. So long as your lease does not provide otherwise, you might have an argument that your landlord waived his late fees by continuing to accept your rent without objection and without posting the late fees to your account as they accrued. This is a small dollar case and I hope that you and your landlord can resolve it amicably.

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