What can landlord charge for a tenant’s short-term overstay

Question: My daughter rented an apartment in Tempe for $1,600/month for the nine-month
ASU school year. One of her professors was ill, so her final exam in that class was
extended five days past the original nine-month lease. Her landlord refused to
extend the lease even for five days because a summer school student was
scheduled to move into that apartment. The landlord filed for an eviction proceeding
and now has a judgement against my daughter for the amount of $2,200 (i.e., $3,200
for two months’rent minus her security deposit of $1,000). How can my daughter
owe $2,200, plus court costs, to the landlord when she left the apartment spotless
and when she moved out only five days late?
Answer: Unfortunately, ARS §33-1375 (C) provides for a two-month rent penalty if the
landlord has to file an eviction proceeding to evict a tenant. Note: if the landlord was
able to re-rent the apartment quickly, the landlord should be willing to negotiate a
reasonable settlement with your daughter.

Leave a Comment

You must be logged in to post a comment.