Question: My tenants didn’t pay June rent and I sent them a 5 day notice. It’s July 3 and I was going to file the eviction, but they paid the June rent. Can I accept the June rent, then send out a new notice and start an eviction for July’s rent because I don’t think they will pay it?
Answer: No. If you accept the rent, even though its June’s rent, you are prohibited from proceeding with an eviction in July. From the court’s perspective, both months are due and owing and if one month payment is accepted, it constitutes a partial payment. A.R.S. § 33-1371, a landlord who accepts a partial payment of the rent can not proceed with an eviction in that same month, unless they obtain a partial payment non-waiver agreement. This is a document that the tenant signs acknowledging that money is still owed and provides the date when it will be paid. If a landlord does not get such a document signed, they have to wait till the next month to do an eviction. Therefore, a landlord can: (1) refuse the June rent and proceed with the eviction; (2) get the tenant to sign a partial payment agreement; or (3) accept the June rent, and wait till August to do the eviction if July isn’t paid.
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.