Arizona Late Rent Fee Laws: Limits, Grace Periods, and Penalties
What Arizona landlords can charge when rent is late, how long they must wait, and what an illegal fee costs. Last reviewed 2026-08-16.
How much can a landlord charge in Arizona?
A.R.S. § 33-1368(B) is the only late fee provision in the Arizona Residential Landlord and Tenant Act, and it allows a landlord to collect 'a reasonable late fee set forth in a written rental agreement.' No percentage or dollar figure appears anywhere in the statute, so reasonableness — measured against the landlord's actual costs from the late payment — is the whole test. A fee that operates as a punishment rather than a cost estimate can be disallowed under ordinary liquidated damages principles. The $5-per-day figure that circulates online is A.R.S. § 33-1414, the mobile home park rule, and does not apply to houses or apartments.
How late does rent have to be?
Arizona sets no waiting period before a late fee may be charged; rent is due as the rental agreement provides under A.R.S. § 33-1314(C). The five days in § 33-1368(B) is the tenant's window to cure after a written nonpayment notice, not a grace period, and treating it as one is the most common misreading of the statute.
Does the fee have to be in the lease?
The statute conditions collection on a fee 'set forth in a written rental agreement,' so an oral or month-to-month tenancy with no writing supports no late fee at all. No separate disclosure or notice beyond the lease term is required.
What happens if you charge too much?
An unwritten or unreasonable late fee cannot be included in the amount a tenant must tender to reinstate the rental agreement under § 33-1368(B), and Arizona has no statutory damages for overcharging. The practical risk is procedural: overstating the amount owed in a five-day notice or special detainer complaint can get the eviction dismissed.
Returned payment fees
A.R.S. § 44-6852 lets the holder of a dishonored check collect a service fee of up to $25 plus any actual charges the landlord's own financial institution assessed for the returned item.
What Arizona landlords get wrong
Two errors dominate the search results for Arizona. First, sites report a $5-per-day cap — that is the mobile home park statute (A.R.S. § 33-1414), not the residential act. Second, sites report a five-day grace period — that is the eviction cure window in § 33-1368(B). Daily-accruing late fees are lawful in Arizona if reasonable, but they compound fast and are the version courts scrutinize hardest, so put a monthly ceiling on any per-day fee. Arizona preempts local rent regulation under A.R.S. § 33-1329, so Phoenix and Tucson add no separate caps. Write your fee into the lease before move-in; you cannot add one mid-term.
The law itself
Frequently asked questions
What is the maximum late fee for rent in Arizona?
Arizona sets no dollar or percentage cap for houses and apartments. A.R.S. § 33-1368(B) allows only a 'reasonable late fee set forth in a written rental agreement,' so the number must be defensible against your actual costs of a late payment. Fees around 5% of monthly rent are conservative; the $5-per-day cap you may have read about applies to mobile home parks.
How many days late before a landlord can charge a late fee in Arizona?
There is no statutory grace period. A late fee can be charged as soon as rent is late if your written lease says so. The five-day period in A.R.S. § 33-1368(B) is often mistaken for a grace period, but it is the time a tenant has to pay after receiving a written nonpayment notice before the landlord can file an eviction.
Does an Arizona late fee have to be in a written lease?
Yes, and this is stricter than most states. A.R.S. § 33-1368(B) permits only a reasonable late fee 'set forth in a written rental agreement.' If your tenancy is oral, or the written lease is silent on late fees, the landlord cannot collect one — not even a small, otherwise reasonable amount. The term must be in writing before the charge applies.
Can an Arizona landlord charge a daily late fee?
Yes, if the written lease provides for it and the total stays reasonable. Arizona has no per-day statutory limit for residential rentals. But a fee that accrues indefinitely is the easiest kind to attack as a penalty rather than a genuine cost estimate, so a well-drafted lease caps the accrual at a fixed monthly maximum.
Keep reading
Charging the wrong late fee can cost you more than the rent.
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Start Free TrialThis page is general information, not legal advice. Statutes change — verify against the official text linked above or consult a local attorney before acting.