If you are late paying the rent by even one day, yes she can do this. In fact, if you are late with the rent, rather than a note, she can post a five-day notice on your door. Then if you do not pay within five days, she can file a forcible detainer action against you. Your landlord is fully within her rights.
Dear I am wondering if she can do this?
I am an attorney licensed in New York. I do not practice law in Arizona.
If you do not have a written lease and all your dealings with your landlord are on an informal basis on an understanding of a verbal rent agreement, then this appears to be nothing more than your landlord avoiding mailing a rent invoice to you and taping the rent bill to the door.
If this bothers you then you may give her a supply of pre-addressed stamped envelopes so she could mail the rent bill to you.
If your rent due date is the 15th, then one day late is late. If you are in possession with a month to month tenancy that runs from the 15th of the month to the 14th of the next month, the landlord is entitled to the benefit of the bargain you made with the rent being paid on time.
The answer provided to you is in the nature of general information. The general proposition being that you should try to avoid a bad outcome if you can.
When is your rent due per the lease agreement? If due on the 15th, on the 16th the LL can begin legal action against you.
Sounds like the LL is doing you huge favor--she could just begin the eviction process.
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Ms. Brady is correct. In Arizona, if a tenant is late, even one day, a landlord can send a 5 day notice to pay or vacate. After the 5 days, if you have not paid, a landlord can file for an eviction in the Justice Court where the home or apartment is located.
Goldman Law Group, PLLC -- www.thegoldmanlawgroup.com -- 602-256-2000 This posting is provided for “information purposes” only and should not be relied upon as "legal advice." Nothing transmitted from this posting constitutes the establishment of an attorney-client relationship. Applicability of the legal principles discussed here may differ substantially in individual situations or in different jurisdictions. less