Landlord Question and Answer Forum

I have a home in Mesa, AZ and it is being rented out but the tenant has not paid me the rent dose anybody know how much late fee I can legally charge?

There are no statutory limits on the amount a landlord may charge for a late fee. According to AZ Landlord Tenant law 33-361 - a tenant has a 5 day grace period. Most states do not permit a late charge to be a punitive charge or fee; but rather reasonably related to the costs incurred as a result of the late payment.

Posted by Denise S, PA on Saturday, August 14, 2010

Yes, Denise is correct. However, also definitely check your state's tenant law as in many states you are not allowed to charge a late penalty payment unless it is explicitly stated in the rental contract in order to prevent LL from arbitrarily charging blind fees and amounts. If the late payment amounts are written into contract and the tenant signs, they are accepting their liability of terms. If it is not written in, they have not agreed to pay beyond their stated rental amount. As you are inquiring how much you can charge for a unit that is already rented, I am assuming that you did not state in the contract a late amount??

Posted by Lynn S, GA on Tuesday, August 17, 2010