questions & answers

Question: Due to the Covid19, my business has taken a hit. That meant no money was coming in to pay Payroll. From Feb-May, I've been living off credit cards. I have made a partial rent payment for April and May 2020. I came home yesterday to an eviction notice. The property owner knows of my business & financial situation. I was told that as long as I was making a partial payment towards rent, that by law I couldn't be evicted (with intent to pay in full ASAP) My company was just awarded the PPP LOAN, which I advised my property owner the very next day that all past portion of rents would be paid asap

Answer: Under the Arizona Residential Landlord and Tenant Act, if a landlord accepts a tenant’s partial payment of rent, the landlord may not seek the tenant’s eviction for nonpayment of rent for that period or for any other violation of the lease known to the landlord at the time the landlord accepts the partial payment – unless the tenant signs a waiver (A.R.S. § 33-1371). A landlord’s acceptance of a tenant’s partial payment in the absence of a waiver is a potential legal defense to eviction that a tenant should raise if the matter goes to court (RPEA Rule 13(a)(1)(4)).