Question: If my tenant has unauthorized occupants, and I gave him a 10 day noncompliance notice, can I accept rent if it’s offered?
Answer: No, unless you get the tenant to sign a partial payment non-waiver agreement acknowledging your right to proceed with the eviction for the non-compliance. A.R.S. § 33-1371 provides that “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.” A lot of landlords incorrectly believe that this statute only applies to non-payment of rent cases – that is incorrect. If a tenant is in breach of a lease for any reason (non-payment, non-compliance, etc.) the landlord can only accept rent and continue with an eviction if the tenant so agrees in writing. Otherwise, the landlord must reject the rent and pursue the eviction.
Information contained in this post is for informational purposes only and should not be considered legal advice. You should always contact an attorney for legal advice and not rely on information published here.