33-1371. Acceptance of partial payments; waiver of right to terminate; exception
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/az/title-33/33-1371A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
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 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 section 33-1368, subsection B before the completion of the agreement for partial payment, no additional notice under section 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.