Landlord and Tenant Rights and Responsibilities

questions & answers

Question: The landlord recently handed out notices to everyone that they owe tax on their January rent and the rent tax has increased 2%. There was no notification of the increase and they are also taxing the tax amount stated in the lease. Example: My rent is $550 + $10tax, I now owe $1.10 for January and $1.10 every month there after. I know the amounts are low but in principal. Can they do this and try an evicition over it?

Answer:

If you are referring to the privilege tax for residential landlords, A.R.S. § 33-1314(E) states:

"If a municipality that levies a transaction privilege tax on residential rent changes the percentage of that tax, the landlord on thirty days' written notice to the tenant may adjust the amount of rent due to equal the difference caused by the new percentage amount of the tax. The adjustment to rent shall not occur before the date upon which the new tax is effective. In order for a landlord to adjust rent pursuant to this subsection, the landlord's right to adjust rent pursuant to this subsection shall be disclosed in the rental agreement."

To find out what is permissible in your specific situation, you may want to review your lease and consult with an attorney.

QUESTIONS

  • The landlord recently handed out notices to everyone that they owe tax on their January rent and the rent tax has increased 2%. There was no notification of the increase and they are also taxing the tax amount stated in the lease. Example: My rent is $550 + $10tax, I now owe $1.10 for January and $1.10 every month there after. I know the amounts are low but in principal. Can they do this and try an evicition over it?

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