Landlord and Tenant Rights and Responsibilities

questions & answers

Question: If your rent is due on the first of the month, and you pay it before the fifth of the month, can he charge late fees in those first 5 days?

Answer:

When a person rents a dwelling unit other than a mobile home two parts of law that govern are 1) the Arizona Residential Landlord Tenant Act and 2) the rental agreement or lease.

“A ‘Dwelling unit’ means a structure or the part of a structure that is used as a home, residence, or sleeping place by one person who maintains a household or by two or more persons who maintain a common household”. (ARS 33-1310(4)) 

The Arizona Residential Landlord Tenant Act governs the basic obligations of both the landlord and tenant.  These rules can be found in title 33 chapter 10 of the Arizona Revised Statutes.  One of the rules of the Arizona Residential Landlord Tenant Act is that “Rent shall be payable without demand or notice at the time and place agreed upon by the parties.  Unless otherwise agreed, rent is payable at the dwelling unit and periodic rent is payable at the beginning of any term of one month or less and otherwise in equal monthly installments at the beginning of each month.” (ARS 33-1314(C))

"Rental agreement" means all agreements, written, oral or implied by law, and valid rules and regulations adopted under section 33-1342 embodying the terms and conditions concerning the use and occupancy of a dwelling unit and premises. (ARS 33-1310(12))  A rental agreement forms a contract between the landlord and the tenant and is binding on both parties. “‘Contract’ means a promise or a set of promises for the breach of which the law gives a remedy, or the performance of which the law in some way recognizes as a duty, including but not limited to a note, A promissory note or provisions of any trust deed.”(ARS 33-801(4)) "The landlord and tenant may include in a rental agreement terms and conditions not prohibited by this chapter or any other rule of law including rent, term of the agreement and other provisions governing the rights and obligations of the parties." (ARS 33-1314(A))

For more information about the Arizona Residential Landlord Tenant Act please see the Landlord Tenant Right and Responsibilities Article.