What you need to know about adding an accessory dwelling unit to your home
What exactly is an ADU? Sometimes known as casitas, flats, or in-law additions, here’s what defines an accessory dwelling unit.
The Republic
Question: My daughter, a student at Arizona State University, rented an apartment in Tempe for $1,600 per month for nine months. One of her final exams was scheduled 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 judgment 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, A.R.S. § 33-1375(C) provides for a two-month rent penalty if the landlord has to file an eviction proceeding to evict a tenant. If the landlord was able to re-rent the apartment quickly, they should be willing to negotiate a reasonable settlement with your daughter.
Bonus note: I recently argued before the Supreme Court of Arizona that a forged deed from a mother to her daughter-in-law should not be enforceable, although the daughter-in-law had paid the property taxes for more than 20 years. On April 16, 2025, the Supreme Court of Arizona reversed and remanded to the Arizona Court of Appeals to hear arguments for equitable relief. The case is Dominguez v. Dominguez, CV-24-0102-PR.
Contact real estate attorney Christopher A. Combs at chris@combslawgroup.com.
Read More: Why can a landlord charge 2 months’ rent for a short overstay?
