Dec 12, 2014

Accepting Partial Rent Payments from Arizona Tenants

Should You Accept Partial Payment from a Tenant Who is Behind on Rent and you want to evict?

The answer is No! You should not accept a partial payment from a tenant who is behind on rent that you are planning on evicting.

A.R.S. 33-1371(B) 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."

The above statute makes it impossible for an Arizona landlord to accept a partial payment and then evict their tenant during that same month. If you accept even $1 from your tenant then you must wait until the next month to evict that person.

What Should You do if an Arizona Tenant Submits a Partial Rent Payment?

If your tenant gives you a partial payment you need to formally reject it. 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.