realestate

Landlord's Right to Charge for Tenant Overstay: A 2-Month Rent Penalty Explained

Arizona landlord can charge two months' rent for five-day overstay due to state law, explained in this week's real estate column.

M
y daughter rented an apartment in Tempe for $1,600 per month for nine months. However, her final exam was scheduled five days past the original lease end date, and her landlord refused to extend it due to a summer school student's move-in. The landlord initiated eviction proceedings and obtained a judgment against my daughter for $2,200 (two months' rent minus her security deposit of $1,000). This seems unfair since she left the apartment spotless and only moved out five days late.

    Unfortunately, Arizona law allows landlords to charge a two-month rent penalty if they need to file an eviction proceeding. However, if the landlord was able to re-rent the apartment quickly, they may be willing to negotiate a reasonable settlement with my daughter.

    As a real estate attorney, I've seen similar cases. In fact, I recently argued before the Arizona Supreme Court that a forged deed should not be enforceable, even after 20 years of property tax payments. The court has since remanded the case for further review in Dominguez v. Dominguez, CV-24-0102-PR.

    If you're facing a similar situation, contact me at [email protected] to discuss your options.

Landlord imposing 2-month rent penalty on tenant for unauthorized overstay in rental property.