Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My Landlord wants us to pay Lawyer Fee's even though we have not been to court and he will not accept our payments unless we pay this fee.

Answer:

The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly. According to A.R.S. §33-1315": “A rental agreement shall not provide that the tenant does any of the following: Agrees to pay the landlord's attorney fees, except an agreement in writing may provide that attorney fees may be awarded to the prevailing party in the event of court action and except that a prevailing party in a contested forcible detainer action is eligible to be awarded attorney fees pursuant to section 12-341.01 (http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/12/00341-01.htm&Title=12&DocType=ARS) regardless of whether the rental agreement provides for such an award.”

QUESTIONS

  • My Landlord wants us to pay Lawyer Fee's even though we have not been to court and he will not accept our payments unless we pay this fee.

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