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Arizona Revised Statutes Title 33. Property § 33-1371. Acceptance of partial payments;  waiver of right to terminate;  exception

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A. 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 this article and in title 12, chapter 8   1 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 § 33-1368, subsection B before the completion of the agreement for partial payment, no additional notice under § 33-1368, subsection B is required in case of a breach of the partial payment agreement.

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.

C. Except as specified in subsections A and B of this section, acceptance of rent, or any portion of rent, with knowledge of a default by the 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.

1  Section 12-1101 et seq.

Cite this article: FindLaw.com - Arizona Revised Statutes Title 33. Property § 33-1371. Acceptance of partial payments;  waiver of right to terminate;  exception - last updated March 08, 2022 | https://codes.findlaw.com/az/title-33-property/az-rev-st-sect-33-1371/


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