Arizona Late fees
Can a landlord charge a late fee in Arizona, and how much?
No fixed cap: only a reasonable late fee set forth in a written rental agreement may be required to reinstate the lease.
Verified Source: A.R.S. § 33-1368(B) · last checked 2026-10-18
How this works in Arizona
Arizona doesn't set a dollar or percentage cap on late fees. The statute ties late fees to reinstatement: once you've served a five-day nonpayment notice, the tenant can reinstate the lease before you file by paying all past-due rent plus a reasonable late fee set forth in a written rental agreement. Rent is due without demand or notice at the agreed time and place.
Step by step in Arizona
- Put the late fee in the written rental agreement.
- Keep the amount reasonable. The statute only lets you require a reasonable late fee set forth in a written rental agreement for reinstatement.
- Rent is payable without demand or notice at the time and place agreed, so you don't have to send a reminder first.
- If rent is unpaid, serve a written five-day notice of nonpayment and of your intent to terminate if it isn't paid. Count calendar days.
- Before you file a special detainer action, accept a tender of all past-due rent plus the reasonable written late fee. That reinstates the lease.
- After filing, reinstatement also requires attorney fees and court costs. After judgment for you, reinstatement is your choice.
Common Arizona mistakes to avoid
- Demanding a late fee that isn't in a written rental agreement as a condition of reinstatement.
- Setting a fee so high it isn't reasonable.
- Counting only business days. For this section, days means calendar days.
- Refusing a full tender of past-due rent and the written late fee before you file.
Key deadlines and amounts in Arizona
| Late fee cap | None set; must be reasonable and in a written rental agreement |
|---|---|
| Nonpayment notice | 5 calendar days |
| Reinstatement before filing | All past-due rent plus the reasonable written late fee |
| Reinstatement after filing | Past-due rent, reasonable written late fees, attorney fees and court costs |
Arizona FAQ
Is there a cap on late fees in Arizona?
No dollar or percentage cap. A.R.S. § 33-1368(B) refers only to a reasonable late fee set forth in a written rental agreement.
Does the late fee have to be in writing?
For it to be part of what a tenant must pay to reinstate the lease, yes. The statute refers to a reasonable late fee set forth in a written rental agreement.
How long does an Arizona tenant have to pay after a nonpayment notice?
Five days after written notice, and for this section days means calendar days.
Can the tenant still save the lease after I file?
Yes, until judgment, by paying all past-due rent, reasonable written late fees, attorney fees and court costs. After a judgment for you, reinstatement is up to you.
Sources for this section: A.R.S. § 33-1368(B), (G) (checked 2026-10-19); A.R.S. § 33-1314(C) (checked 2026-10-19)
Same topic in neighboring states
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