Arizona Revised Statutes - Title 33 Property - Section 33-1414 Prohibited provisions in rental agreements; late payment penalty
33-1414. Prohibited provisions in rental agreements; late payment penalty
A. A rental agreement shall not provide that the tenant agrees to:
1. Waive or to forego rights or remedies under this chapter.
2. Pay the landlord's attorney fees, except an agreement in writing may provide that attorney fees may be awarded to the prevailing party in the event of court action.
3. The exculpation or limitation of any liability of the landlord arising under law or to indemnify the landlord for that liability or the costs connected therewith.
4. Permit the landlord to charge a penalty fee for late payment of rent unless a tenant is allowed a minimum of five days beyond the date the rent is due in which to remit payment.
5. Permit the landlord to charge a fee for a guest who does not stay for more than a total of fourteen days in any calendar month.
6. Waive or limit the tenant's right to summon or any other person's right to summon a peace officer or other emergency assistance in response to an emergency.
7. Payment of monetary penalties or otherwise penalizes the tenant for the tenant summoning or for any other person summoning a peace officer or other emergency assistance in response to an emergency.
B. A provision that is prohibited by subsection A of this section and that is included in a rental agreement is unenforceable. If a landlord deliberately uses a rental agreement containing provisions known to be prohibited, the tenant may recover actual damages sustained and the rental agreement is voidable by the tenant.
C. A landlord may charge a penalty fee of not to exceed five dollars per day from the due date of the rent for late payment of rent if the payment is not remitted by the sixth day from the due date.
D. This section does not limit the landlord's right to evict a tenant pursuant to section 33-1476.Sections: Previous 33-1410 33-1411 33-1412 33-1413 33-1413.01 33-1413.02 33-1413.03 33-1414 33-1415 33-1416 33-1417 33-1418 33-1431 33-1432 33-1433 Next
Last modified: February 20, 2012