Full question:
I broke a lease about 7 months in advance, knowing full well that I would have to pay a fee. Eights months after I moved out and giving the apartment a mailing address and phone number to contact me, I received a bill in the mail from a collection agency with an amount double the fee they told me I would have to pay. Isn't there a law that says they have to go through so many steps to get the money from me before sending it to a collection agency?
- Category: Landlord Tenant
- Subcategory: Lease Termination
- Date:
- State: Arizona
Answer:
In Arizona, if a tenant breaks a lease, the landlord has specific rights and procedures they must follow. According to Arizona law, a landlord can take action for nonpayment of rent or lease violations. If rent is unpaid for five days, the landlord can begin legal proceedings to recover possession of the property (A.R.S. § 33-361).
Before sending a bill to collections, landlords typically must provide written notice of nonpayment and their intention to terminate the rental agreement if the rent is not paid within a specified timeframe (A.R.S. § 33-1368). If you were not given such notice, the landlord may not have followed the required steps.
Additionally, if the amount you owe is significantly higher than what was initially communicated, it may be worth reviewing your lease agreement and any documentation regarding the fee to ensure the charges are valid.
If you believe the landlord did not follow the proper procedures, you may want to consult with a legal professional for guidance on how to address the collection notice.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.