Ariz. Rev. Stat. § 33-1414
Prohibited provisions in rental agreements; late payment penalty
Operative Text
A. A rental agreement shall not provide that the tenant agrees to: 1. Waive or to forgo 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. 8. Place any additional person's name on the title to the mobile home as a condition of tenancy or residency for that additional person or pay a fee or other form of penalty for failing to place an additional person's name on the title to the mobile home. 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.
Arizona Revised Statutes § 33-1414 identifies several lease clauses that are legally void and unenforceable, including provisions that would strip tenants of statutory rights, require tenants to pay a landlord's attorney fees unconditionally, shield landlords from their own legal liability, or penalize tenants for calling emergency services. The law also sets specific boundaries on late fees: a landlord may not charge a late fee unless the tenant has at least five days past the due date to pay, and any late fee is capped at five dollars per day beginning on the sixth day. If a landlord knowingly includes a prohibited clause in a lease, the tenant may seek actual damages and may have the option to void the entire agreement.
Plain English — not legal advice.
Operators subject to A.R.S. § 33-1414 generally review their lease templates to ensure no clause attempts to waive tenant statutory rights, impose unconditional attorney-fee obligations on tenants, or limit landlord liability in ways the statute prohibits. Compliant lease agreements that include a late-fee provision typically build in at least a five-day grace period before any fee is assessed, and cap the daily late fee at no more than five dollars per day starting on the sixth day past the due date. Knowingly retaining prohibited clauses in a lease exposes a landlord to claims for actual damages and the possibility that the tenant may elect to void the rental agreement entirely under § 33-1414(B).
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under A.R.S. § 33-1414, tenants have the right to have certain lease clauses treated as unenforceable, including any clause that purports to waive statutory rights, penalize a tenant for summoning emergency assistance, or impose a late fee without the required minimum five-day payment window. If a landlord charges a late fee before the sixth day or above the five-dollar-per-day cap, that charge may be challengeable as a prohibited provision under this section. Tenants who believe a landlord has deliberately included prohibited clauses in their lease may wish to consult a tenant-rights organization or legal aid provider to understand the range of remedies available, which can include actual damages and the option to void the agreement.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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