Arizona Late Fee Law
Arizona limits residential late fees by statute. No fixed cap; late fee must be reasonable and set forth in a written rental agreement. State law sets no grace period, so any grace period comes from the lease.
Last verified: · Researched and cited by MakeLease · not yet attorney-reviewed
Arizona late fee law at a glance
| Late-fee cap | No fixed cap; late fee must be reasonable and set forth in a written rental agreementA.R.S. § 33-1368(B) |
|---|---|
| Grace period | No state grace periodA.R.S. § 33-1314(C), A.R.S. § 33-1368(B) |
| Notice before filing for unpaid rent | 5 days (5-day notice to pay rent or quit)A.R.S. § 33-1368(B), (G) |
What Arizona law says
Is there a limit on late fees in Arizona?
Arizona sets no numeric late-fee cap, but a landlord may only collect a late fee that is reasonable and set forth in a written rental agreement (A.R.S. § 33-1368(B)).
Does Arizona require a grace period before a late fee?
Arizona has no statutory grace period, so a late fee in a written lease can apply the day after rent is due, though rent must remain unpaid five days after a written notice before the landlord can file to evict (A.R.S. §§ 33-1314(C), 33-1368(B)) (A.R.S. § 33-1314(C)).
How much notice must an Arizona landlord give for unpaid rent?
If rent is late, serve a written notice of nonpayment and intent to terminate; if the tenant does not pay within five calendar days, the landlord may file a special detainer action (A.R.S. § 33-1368(B), (G)).
How Arizona compares
20 of 51 verified jurisdictions cap late fees by statute. 14 require a grace period.
None of Arizona's 4 neighbors follows the same rule.
| Late-fee cap · grace period | States |
|---|---|
| Statutory standard, no fixed amount · none | Arizona |
| Reasonableness (case law) · none | California |
| Statutory formula · 3 days | Nevada |
| Statutory formula · none | Utah, New Mexico |
Local rules in Arizona
A.R.S. § 33-1329 preempts city and town rent control on private residential property; the preemption does not reach housing owned, financed, insured or subsidized by a state agency or city/town. Pool-barrier rules can be set by local ordinance (A.R.S. § 36-1681(D)).
Other Arizona rules
| Security deposit limit | 1.5 months' rent (with exceptions)A.R.S. § 33-1321(A) |
|---|---|
| Deposit return deadline | 14 business days after move-outA.R.S. § 33-1321(D), A.R.S. § 33-1310(3) |
| Entry notice | 48 hours' noticeA.R.S. § 33-1343 |
| Rent-increase notice | No state ruleA.R.S. § 33-1314(A), A.R.S. § 33-1375 |
| Month-to-month termination | 30 days (either side)A.R.S. § 33-1375 |