Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I received five day notice for non-payment of rent. I am in process of seeking emergency assistance. Can I be evicted if I am only able to pay the rent but not late fees?

Answer: In Arizona, if a tenant fails to pay rent the landlord may provide them with notice and demand payment within five days. That payment may include rent and late fees. However, a landlord may only charge late fees if it was included in the lease agreement. If a tenant fails to pay rent and late fees (if applicable) within five days of the notice, the landlord may file with the court to have the tenant evicted. At this point it is still possible to reinstate your lease but you will be responsible for rent, late fees, court fees, and possibly the attorney fees of your landlord. It’s possible, but not required or guaranteed, that a landlord would be willing to compromise or create a payment plan for the late fees. If this is the case, be sure that any plan is in writing in the event that the case goes to court. For more information on the eviction process, visit: https://www.azag.gov/sites/default/files/documents/files/TenantRightsResponsibilities.pdf or http://www.maricopacountyattorney.org/pdfs/community/Residential-Landlord-Tenant-Act.