Can a landlord send me to collections?

Question

Accepted Answer

Short answer: The provided Arizona sources do not directly address whether a residential landlord may refer a tenant's unpaid debt to a collection agency.

Here's what the sources do and don't cover:

- No source directly authorizes or prohibits a landlord sending a tenant to collections. None of the provided statutes address a landlord's use of third-party debt collectors for unpaid rent or damages.

- Related remedies the sources do describe: A landlord may recover "all reasonable damages resulting from noncompliance by the tenant with the rental agreement," plus court costs, reasonable attorney fees, and quantifiable damage to the premises . A landlord may also apply the tenant's security deposit and prepaid rent toward unpaid rent and charges specified in the lease .

- The collection-practices statute provided does not apply to a typical residential tenancy. A.R.S. § 44-6806 restricts how a "lessor" may communicate and collect payments, but it governs rental-purchase agreements (rent-to-own transactions), not ordinary residential leases . Its rules — such as limits on contacting third parties, calling only between 8:00 a.m. and 9:00 p.m., and prohibitions on harassment — apply to that context, and the sources do not extend them to residential landlords .

- The court collection-agency statute is also not on point. A.R.S. § 12-116.03 authorizes *courts* to contract with collection agencies for unpaid fines, fees, and restitution — it does not address landlords collecting rent debts .

Bottom line: Whether a landlord may send your debt to collections — and what rules would govern that collection activity — is not answered by these Arizona sources. Debt collection practices are also heavily regulated by federal law (such as the Fair Debt Collection Practices Act), which is outside the scope of this app. For advice on your specific situation, please consult a licensed Arizona attorney.