33-1371. Acceptance of partial payments; waiver of right to terminate; exception
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.
Notes of Decisions
Cited in
2
cases (
1 in the last 5 years), 2020–2022 · leading case:
Purcell v. Williamson, No. 1 CA-CV 19-0486 (Ariz. Ct. App. Mar. 10, 2020).
Purcell v. Williamson, No. 1 CA-CV 19-0486 (Ariz. Ct. App. Mar. 10, 2020).
· cites it 8× “¶14 The Williamsons argue the superior court erred by "[i]gnoring" their contention that the Purcells waived their right to evict them by accepting rent on January 2 without first obtaining a written non-waiver agreement pursuant to § 33-1371.”
Walters v. D'Annibale, No. 1 CA-CV 21-0520 (Ariz. Ct. App. June 14, 2022).
· cites it 5× “§§ 33-1371(C) (providing a waiver defense for tenants if a landlord accepts rent with knowledge of a past breach), -1315(A)(1) (“A rental agreement shall not provide that the tenant . . . [a]grees to waive or to forego rights or remedies under [ARLTA].”
Ariz. Rev. Stat. § 33-1371(A): 1 case
Purcell v. Williamson, No. 1 CA-CV 19-0486 (Ariz. Ct. App. Mar. 10, 2020).
“¶14 The Williamsons argue the superior court erred by "[i]gnoring" their contention that the Purcells waived their right to evict them by accepting rent on January 2 without first obtaining a written non-waiver agreement pursuant to § 33-1371.”
Ariz. Rev. Stat. § 33-1371(C): 2 cases
Walters v. D'Annibale, No. 1 CA-CV 21-0520 (Ariz. Ct. App. June 14, 2022).
“§§ 33-1371(C) (providing a waiver defense for tenants if a landlord accepts rent with knowledge of a past breach), -1315(A)(1) (“A rental agreement shall not provide that the tenant . . . [a]grees to waive or to forego rights or remedies under [ARLTA].”
Purcell v. Williamson, No. 1 CA-CV 19-0486 (Ariz. Ct. App. Mar. 10, 2020).
“¶14 The Williamsons argue the superior court erred by "[i]gnoring" their contention that the Purcells waived their right to evict them by accepting rent on January 2 without first obtaining a written non-waiver agreement pursuant to § 33-1371.”
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