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Lucy, Esq.
Lucy, Esq., Attorney
Category: Landlord-Tenant
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Experience:  Attorney
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Can a landlord charge you back late fees in the state AZ

Customer Question

can a landlord charge you back late fees in the state AZ with out ever giving you written notice of collecting then (yes i was late and yes i done have a late fee in my contract) I have been on m2m for the last 4 years
Submitted: 11 months ago.
Category: Landlord-Tenant
Expert:  Lucy, Esq. replied 11 months ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today.

The statute of limitations for breach of contract in Arizona is 6 years. That unfortunately means that your landlord can seek to collect unpaid late fees, even if he hasn't tried to collect them earlier. The only exception would be if the landlord had told you that you weren't going to be charged and you relied upon that statement in paying your rent late. Basically, if his not charging you fees reasonably caused you to incur later fees, it's not considered fair for him to collect them. But if he just didn't mention them, he can still collect.

If you are able to pay the past due fees before the court date, the landlord will have to allow you to stay.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.