questions & answers

Question: Are there any laws that protect the landlord and/or tenant in regards to late fees that can be incorporated into a lease? Would $10.00 per day after the 3rd day of the month be considered reasonable or excessive. I have tried to research this in the landlord & tenant act but I cannot find anything specific. Would ARS 44-1201 or 44-1201 apply to late fees in regards to unpaid rent?

Answer: The Arizona Residential Landlord and Tenant Act governs the lawful and unlawful behavior of landlords and tenants and can be found under §§ 33-1301- 1381 of the Arizona Revised Statutes. A.R.S. § 33-1311 requires that Landlords deal with Tenants in good faith. Similarly, the tenant has a duty to pay the landlord rent. While the Arizona Residential Landlord & Tenant Act is silent as to what late fees are reasonable or excessive, these terms are generally interpreted by a judge or jury. Most often, late fees are indicated within a provision of the lease agreement. Please be certain to carefully review the lease agreement that you signed when you first moved into the property. A.R.S. § 44-1201 specifically deals with miscellaneous provisions related to loans, and the amount of interest that can legally be charged. A rental agreement is not a "loan" of property or money. This information is provided as information only, and is not intended to be construed as legal advice. You may also want to look at the Landlord and Tenant Rights & Responsibilities Article on the AZLawhelp.org website. If you feel you need to consult with an attorney, you may want to review the Where to Find an Attorney for Specific Legal Advice article on this website.