accepting partial rent payments
Accepting a partial rent payment will prevent an Arizona landlord from evicting a tenant for non-payment of rent during that calendar month. If an Arizona landlord accepts any money from a tenant–even one dollar–that tenant cannot be evicted during that month for non-payment of rent.
A.R.S. 33-1371(A) states in part:
“acceptance of rent, or any portion thereof,..by the landlord constitutes a waiver of the right to terminate the rental agreement for that breach.”
A.R.S. 33-1371(A)
The above statute makes it impossible for an Arizona landlord to accept a partial payment and then evict that tenant during that same month for non-payment of rent. As a landlord, if you accept even $1 from your Arizona tenant then you must wait until the next month to begin the eviction process.
On the flipside, Arizona landlords have no obligation to accept partial rent payments. See the following statute.
A.R.S. 33-1371(A) states in part:
“A landlord is not required to accept a partial payment of rent or other charges.”
A.R.S. 33-1371(A)
What Should You do if a Tenant makes a Partial Payment?
An Arizona landlord should formally reject any partial payments made by a tenant. You need to return the payment along with a Notice of Formal Rejection of Partial Payment. Many tenants will submit partial payments hoping their landlord will accept it.
tenants receiving government subsidies
A.R.S. 33-1371 makes it clear that the acceptance of a housing assistance payment by a landlord does not constitute an acceptance of partial payment of rent or waive the landlord’s right to terminate a rental agreement for any breach by the tenant.
B. For the purposes of this section, a landlord’s acceptance of a housing assistance payment does not constitute an acceptance of a partial payment of rent or a waiver of a landlord’s right to terminate the rental agreement for any breach by the tenant.
A.R.S. 33-1371(B)
Specifies that acceptance of a housing assistance payment by a landlord does not constitute an acceptance of partial payment of rent or waive the landlord’s right to terminate a rental agreement for any breach by the tenant.
“Housing assistance payment” means any payment made to the landlord by a government agency, a public housing authority or any third party on behalf of a government agency, a public housing authority or any for-profit entity pursuant to a separate written rental assistance or subsidy contract between the landlord and the government agency, public housing authority or third party on behalf of a government agency, public housing authority or for-profit entity. Housing assistance payment does not include any payment made by a faith-based organization, a community action agency program or a nonprofit entity.
A.R.S. 33-1310(6)
- A.R.S. 33-1310(6) Defines housing assistance payment to include any payment made to a landlord pursuant to a separate written rental assistance or subsidy contract by a:
- government agency;
- public housing authority;
- third party on behalf of a government agency, public housing authority; or
- for-profit entity.
- Examples include (but are not limited to): A city or county public housing authority providing “Housing Choice Vouchers” or “Section 8” vouchers or a for-profit entity such as HOM, Inc., providing Rapid Rehousing or Permanent Supportive Housing vouchers.
- A housing assistance payment does not include any payment made by a:
- faith-based organization;
- community action agency program; or
- non-profit entity.
- Acceptance of a partial payment of rent or any housing subsidy from a faith-based organization, community action agency or non-profit entity (absent of a contemporaneous written agreement) will waive the landlord’s right to terminate a rental agreement for any previous breach of the rental agreement by the tenant.
- If a landlord wishes to accept a partial payment of rent or any housing subsidy from a faith-based organization, community action agency or non-profit entity and not waive their right to terminate the rental agreement, then the landlord and tenant must enter into a contemporaneous written agreement at the time that the partial payment of rent or housing subsidy is made.
If you are an Arizona landlord and have questions about a tent making partial rent payments, then contact the Dunaway Law Group by messaging us HERE or calling our offices at 480-702-1608.
* The information provided is informational only, does not constitute legal advice, and will not create an attorney-client or attorney-prospective client relationship. Additionally, the Dunaway Law Group, PLC limits its practice to the states of Arizona and New York.