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I have apartment in AZ. one of my tenants is asking for extension to pay rent around the 15th of the month or so. he does this very often. i verbally grant him his request and also certified mail him 5 day notice of non payment just in case. every time i prepare this notice it takes at least 30 min of my time. after that i have to drive to post office(10 min) and wait in line, lets say i lose another 30 min or so. its also costing me $3.77 every time i am sending certified mail.
this is my question: if my lease agreement don't have this issue specified in it (for some reason) can i still charge the tenant for one hour wasted and my expenses ? thank you.
OP, why do you keep letting your tenant pay late -- presumably without a late fee, since you didn't specify that you charge one?
You're letting him take advantage of you. You want to charge him for it (i.e. for your wasted time), yet didn't see fit to put anything about it in your lease.
OP, why do you keep letting your tenant pay late -- presumably without a late fee, since you didn't specify that you charge one?
You're letting him take advantage of you. You want to charge him for it (i.e. for your wasted time), yet didn't see fit to put anything about it in your lease.
Why don't you just get him OUT?
Exactly.
From what I understand, Arizona is a very landlord-friendly state. (So much so that I'm thinking about becoming a LL there.)
So why not give him the boot? Is he a relative? (Please, please say he isn't. )
You can't charge a late fee if you didn't put it in your lease. I know this from observing some eviction matters in Justice Court. If you can't do that, I'd assume you can't charge him for your time and trouble in sending the notice.
No. ARS 33-1368(B) requires that you charge a "reasonable" late fee as defined in the lease. If for whatever reason you failed to include any late fee charges in your lease, that is just the mistake you have to live with as the one who provided the faulty lease in the first place. However, even cheapo boiler plate leases usually have some late fee provisions, so read it carefully. As for the amount, you can only charge the exact amount (or less) that is specifically written in the lease as a late fee. If nothing is in the lease or there is no specific amount, you have to eat your mistake.
Start charging late fees. Constantly asking for 15 day leeway is ridiculous. I go to the 4th of the month. after that fees apply. If tenant is on month to month send a new lease agreement for month to month terms with new late fees HD have tenant sign. If they refuse give them a 30 day notice to vacate
OP, why do you keep letting your tenant pay late -- presumably without a late fee, since you didn't specify that you charge one?
You're letting him take advantage of you. You want to charge him for it (i.e. for your wasted time), yet didn't see fit to put anything about it in your lease.
Why don't you just get him OUT?
thanks for your advice
i do charge him penalty, forgot to mention it, i was thinking if i may charge additional fee for the time wasted on mail.
the reason i don't evict him, even thow i tell him i will, because he is calling me in advance and letting me know about his salary situation and promising to pay on a certain day and he keeps his word. every time he gets extension he truly appreciates my understanding and always pays his rent on a promised day.
this guy unlike other none paying tenants, or late paying tenants is very respectful and keeps his promise. i have other tenants who don't even call or reply to my text messages and lie if they have to pay on another day. this young kid is really struggling to keep up with his rent, family expenses and a new born. i really feel bad not to give him a chance, (and he is not my relative).(first time replying, hoping is good )
i do charge him penalty, forgot to mention it, i was thinking if i may charge additional fee for the time wasted on mail.
You can not charge a "penalty" in Arizona, so for your sake, never use that word again. If your lease specifically has a "Late Fee" amount in it, that is what and only what you can charge. If the lease has no specific language or amount, you can't charge anything. As for the amount, when you initially calculated the late fee, you should have include all these things into your calculation to come up with reasonable. You can't just start adding things into the mix or make it up as you go.
Now, be careful in how you proceed because if you did charge something not in the lease and push comes to shove, you really don't want the tenant throwing out words like "penalty" or bringing up payment of fees not specified in the actual lease; it never works well for the landlord. You also run the risk of a Judge or JP saying that your constant acceptance of late rent means you have agreed to late rent payments without recourse of eviction.
You can not charge a "penalty" in Arizona, so for your sake, never use that word again. If your lease specifically has a "Late Fee" amount in it, that is what and only what you can charge. If the lease has no specific language or amount, you can't charge anything. As for the amount, when you initially calculated the late fee, you should have include all these things into your calculation to come up with reasonable. You can't just start adding things into the mix or make it up as you go.
Now, be careful in how you proceed because if you did charge something not in the lease and push comes to shove, you really don't want the tenant throwing out words like "penalty" or bringing up payment of fees not specified in the actual lease; it never works well for the landlord. You also run the risk of a Judge or JP saying that your constant acceptance of late rent means you have agreed to late rent payments without recourse of eviction.
That is a little far fetched.
OP, go join the Az Mutlihousing Association it's like $35 to apply plus an annual membership fee. Use their lease which has a solid late fee policy in it, among many other things. Set it to $35 for the first day and $10 per day after that and don't ever charge anything more outside the lease terms.
Your tenant isn't making you spend time drafting a pay or quit and he isn't making you have the post office deliver the notice, those are all your choices. If you want to actually move to evict then and only then should you be posting the 5 day notice to the property. It should take you 5 minutes to fill out the notice and a few more to have it taped to the door.
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