Los Angeles, CA asked in Landlord - Tenant for Arizona

Q: I paid my Rent they excepted it today of the 11th I got addiction notice and for not doing are paying late fees is that

Moved in on the fifth of last year did not. Prorate my rent so it’s due on the fifth and she doesn’t do five day grace period does that allowed

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: Based on the information provided, it seems there are a few issues to address:

1. Late fees: In Arizona, landlords can charge late fees, but they must be specified in the lease agreement. If your lease states a late fee policy and grace period (or lack thereof), the landlord is generally allowed to enforce it. However, the late fees must be reasonable and not excessive.

2. Prorating rent: Landlords are not legally required to prorate rent when a tenant moves in mid-month. The rent due date and any prorating policies should be clearly outlined in the lease agreement.

3. Rent acceptance on the 11th: If the landlord accepted your rent payment on the 11th without any stipulation about late fees, they may have waived their right to collect late fees for that specific month. However, this depends on the circumstances and any communication between you and the landlord.

4. Five-day grace period: In Arizona, there is no state law requiring landlords to provide a grace period for rent payments. Grace periods are determined by the lease agreement.

To better understand your rights and obligations, carefully review your lease agreement for information on due dates, late fees, grace periods, and any prorating policies. If you believe your landlord is not following the lease terms or is charging unreasonable late fees, consider speaking with them to clarify the situation. If necessary, consult with a local tenant rights organization or attorney for more specific guidance based on your lease and circumstances.

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