Arizona 1 Day Late on Rent (apartments, lease, eviction)

[af1123]

For my apt complex rent is due on the 1st every month and gives us a grace period to pay until the 3rd. I tried paying on the fourth knowing there would be a late fee. They refused to accept my check and told me there would be a total fee of $275. $75 for the late fee and $200 for a collection fee. Is there anything I can do???

[Kimballette]

What does your lease say?

[adriver]

$200 collection fee? Is that in your contract?

[ji603]

Read your lease. Generally, according to arizona landlord/tenant, a landlord must accept full rent- but can refuse partial payment.

Check out A.R.S. § 33-1368(B).* It provides that if, before an eviction is filed, a tenant may reinstate a llease by paying all past due rent and a reasonable late fee provided by contract.* If an eviction is filed, the tenant may still reinstate the lease by paying all the past due rent, a reasonable late fee, court costs and attorneys’ fees as provided in the written lease.* If the full amount owing is offered to the landlord, then the landlord has no choice and Has to accept the payment of the rent and allow the tenant to reinstate their lease.

I would question the "collection fee" of 200 bucks as excessive and separate from a reasonable late fee, and therefore contrary to ARS. Do you have proof that the landlord or his agent refused payment of your rent-in-full plus the late fee???

[af1123]

The $75 late fee is in my contract which I had no problem paying. I was going to pay my rent plus the $75 but I refused the $200 Collections fee because it was not in the lease. So they refused the payment without the $200. I didn't get any proof of them refusing the check.

[Bummer]

Originally Posted by af1123

For my apt complex rent is due on the 1st every month and gives us a grace period to pay until the 3rd. I tried paying on the fourth knowing there would be a late fee. They refused to accept my check and told me there would be a total fee of $275. $75 for the late fee and $200 for a collection fee. Is there anything I can do???

I believe you have a legitimate argument this time, Af . . .

The 3rd of September was a LEGAL HOLIDAY, otherwise, I have a feeling you very well could be out of luck.

My suggestion . . . insist on speaking with the manager asap. Good Luck

[af1123]

Late Charges: Rent is due on the 1st day of each month. If the total monthly rent is not received by 6:00 pm on the 3rd day of any month, a late charge of $75.00 plus 1.75% tax will be added to rent. An additional charge of $10.00 plus 1.75% tax shall be added to each day thereafter rent remains unpaid. Rent will not be accepted before the 26th of the month for the following month's rent.

This is straight from my lease. Like I said I have no problem with paying the $75 plus tax for my mess up.. But the $200 collection fee is what I don't understand. It isn't listed anywhere in my lease and I've never heard of it before.

[observer53]

If they try to evict you, and you go to court prepared to pay what's due plus the late fee, and the court costs, which will be minimal (I'd be prepared to hand them the cash right in front of the judge) I don't think the judge will uphold the 200.00.

[PHX Newbie]

Is there more to the story? Are you relying on the grace period every month? Have they warned you that they'll send the next late payment to collections? Did they actually send the case to a collection company - this question is the key. If they sent it to collections, I would say you're responsible for that fee; if not, then there's no basis for the charge.
But bottom line - pay your rent on time.

[Foreverking]

Some of these apartments can be pretty nasty. I have run into hidden fees that just seemed made up a couple of times in my lifetime. Own a home, and be done with it. Im with the last poster, either you are not telling us something, or that 200 dollars seems excessive...even for collections.