questions & answers

Question: I just recently moved from California and can’t see to find info on these admin and late fees. I paid a $265 admin fee during application process. After I moved in something went through causing that payment to bounce back. I received a 5 day notice to pay that says my “rent” is late and also assessed a $10 day late fee. 1. Can I be evicted over an admin fee. 2. Is this form correct in stating its “rent” 3. Are these late fees legal and can they evict me over them 4. Can I be evicted over a reversed admin fee?

Answer: The Arizona Residential Landlord and Tenant Act defines rent as “payments to be made to the landlord in full consideration for the rented premises” (A.R.S. 33-1310). Although a landlord may only seek a tenant’s eviction for “nonpayment of rent” under A.R.S. 33-1368(B) if a tenant fails to pay their rent on time and in full, tenants are frequently evicted for failing to pay other fees that were specified in the rental agreement, including “reasonable” late fees. Any “material breach” of a rental agreement by a tenant is a potential basis for eviction (A.R.S. 33-1368(A)).