questions & answers

Question: In accordance to the Late Fee Fairness Amendment Act of 2016, am I able to pay only the amount due for rent to my apartment's property owner and ignore the late fees until a later time? I have been advised that I cannot be evicted for nonpayment of late fees. My lease agreement states there is no grace period for late fees after the 1st of the month, but isn't that illegal in the state of Arizona? Isn't there supposed to be a 5 day grace period?

Answer: The Late Fee Fairness Amendment Act to which you refer applies only to rental agreements in the District of Columbia (Washington, D.C.). Under Arizona law, a tenant may be evicted for nonpayment of reasonable late fees which were specified in a written rental agreement after the landlord has provided the tenant with a 5-day pay or quit notice (A.R.S. 33-1368(B)) if the rental agreement falls under the Arizona Residential Landlord and Tenant Act (which applies to apartments, condos, and single-family dwellings) or a 7-day pay or quit notice (A.R.S. 33-1476(E)) if the rental agreement falls under the Arizona Mobile Home Parks Residential Landlord and Tenant Act (which applies where the tenant rents lot space). Only mobile home park tenants have a 5-day grace period under which landlords may only begin to apply late penalties on the sixth day after rent is due (A.R.S. 33-1414(A)).