For both tenants and landlords, renting a property in Arizona entails several rights and obligations. This includes knowing when the rent is due and if there are grace periods when the need arises. Below is an explanation of such terms and conditions:
Rent Due Dates
The rent due date is the specific day each month when tenants are required to pay their rent to their landlord.
The lease agreement specifies this date.
It is non-negotiable unless both parties agree to a change.
In Arizona, unless otherwise stated in the lease, rent is due on the first day of each month.
For example, if you sign a lease agreement that specifies the rent is due on the 1st of every month, your obligation is to pay your rent by that date.
Arizona Revised Statutes (A.R.S.) § 33-1314 governs rent due dates. It states that unless the lease specifies otherwise, rent is due at the beginning of each month. Moreover, landlords cannot change the rent due date without the tenant’s agreement.
Grace Periods
A grace period is the additional time given to tenants after the rent due date. This enables them to make their payment without incurring late fees or penalties. However, that grace period is a courtesy extended by the landlord. Thus, it is not required by law unless specified in the lease agreement.
In Arizona, if a lease agreement includes a grace period, it must be explicitly stated. Otherwise, landlords expect their tenants to pay the rent on the due date without any additional time allowance.
For instance, your lease agreement includes a five-day grace period. Therefore, if the rent is due on the 1st of the month, you have until the 5th to submit your payment without facing late fees.
According to the state law, if a tenant fails to pay the rent within five days of the due date, the landlord may begin eviction proceedings. However, the landlord must provide a five-day notice to pay rent or vacate before initiating the eviction process.
Types of Grace Periods in Arizona
While Arizona landlord-tenant laws do not specifically regulate grace periods, landlords and tenants have the flexibility to negotiate and include them in the lease agreement. Here are some common types of payment conditions in the state:
- Standard Due Date with Grace Period: In many leases, the rent is due on the first day of the month. However, there may be a grace period, typically ranging from 3 to 5 days, during which the tenant can pay the rent without penalty. For example, if the rent is due on the 1st of the month, but the lease provides a 5-day grace period. In this case, the tenant has until the 5th of the month to pay the rent without facing late fees.
- Fixed Due Date with No Grace Period: Some leases may specify a fixed due date with no grace period. This means that the rent must be paid by a certain date, usually the first day of the month. Hence, if the rent is not paid by that date, the tenant may incur late fees immediately.
- Customized Due Date and Grace Period: Landlords and tenants can negotiate and agree upon a specific due date and grace period that works best for both parties. This could involve setting the rent due date to align with the tenant’s pay schedule or other financial considerations.
- Weekly or Bi-Weekly Rent Payments: In some cases, especially with short-term or furnished rentals, rent may be due on a weekly or bi-weekly basis rather than monthly. In such cases, the due date and any associated grace period would be adjusted accordingly.
Understanding Your Lease Agreement
Before signing a lease agreement in Arizona, you must carefully review the terms regarding rent due dates and grace periods. Make sure you understand the following:
- Rent Due Date: Confirm the specific date each month when rent is due.
- Grace Period: Determine if the lease includes a grace period and the number of days provided.
- Late Fees: Understand the consequences of late payment, including any fees or penalties.
- Legal Rights: Familiarize yourself with Arizona tenant rights outlined in state statutes.
If you have any questions or concerns about the terms of your lease agreement, seek clarification from your landlord. You may also consult with a legal professional specializing in landlord-tenant law.