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Arizona Tenant Partial Rent Payments

The Arizona Residential Landlord and Tenant Act addresses a tenant’s use or a landlord’s acceptance of partial rent payments in the following manner:

Written Agreement Required

A landlord is not required to accept a partial payment of rent or other charges. A landlord accepting a partial payment of rent or other charges retains the right to proceed against a tenant only if the tenant agrees in a contemporaneous writing to the terms and conditions of the partial payment with regard to continuation of the tenancy. The written agreement shall contain a date on which the balance of the rent is due. The landlord may proceed as provided in article 4 of this Act and in title 12, chapter 8 against a tenant in breach of this agreement or any other breach of the original rental agreement. If the landlord has provided the tenant with a notice of failure to pay rent as specified in the section Arizona Tenant Noncompliance prior to the completion of the agreement for partial payment, no additional notice is required in case of a breach of the partial payment agreement.

A Waiver of the Right to Terminate

Except as specified in the subsection Written Agreement Required, acceptance of rent, or any portion thereof, with knowledge of a default by tenant or acceptance of performance by the tenant that varied from the terms of the rental agreement or rules or regulations subsequently adopted by the landlord constitutes a waiver of the right to terminate the rental agreement for that breach.

Article 04. Section 33-1371.

Return to Arizona Landlord-Tenant Laws.