Landlord and Tenant Rights and Responsibilities
questions & answers
Question: if my landlord made a verbal agreement to except partial payments can he evict me and my 2 minor children after i paid 500.00 towards my rent?
Answer:
The following provides general legal information. To find out how the law may apply in a specific situation, consult directly with an attorney.
According to the Arizona Revised Statutes, specifically (A.R.S.) § 33-1371,
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 article 4 of this chapter 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 prior to 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. Except as specified in subsection A of this section, acceptance of rent, or any portion thereof, with knowledge of a default by 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.
Also Arizona Revised Statute (A.R.S.) § 33-1368 discusses the law if a tenant fails to pay rent.
QUESTIONS
-
if my landlord made a verbal agreement to except partial payments can he evict me and my 2 minor children after i paid 500.00 towards my rent?
STORIES
LegalLEARN
-
Free & Reduced Fees Legal Aid Resources
Click Here to apply online, or call
866-637-5341.
FIND LEGAL HELP
- Please select your county of residence below.
OTHER LEGAL RESOURCES
-
State Bar of Arizona
www.azbar.org -
Maricopa County Bar
www.maricopabar.org
Referral number 602-257-4434 -
Pima County Bar
www.pimacountybar.org
Referral number 520-623-4625 -
National Domestic Violence Hotline
800-799-7233 -
Bankruptcy Court Self Help Center
866-553-0893 -
Certified Legal Document Preparer Program
Link
ORGANIZATIONS
- Arizona South Asians For Safe Families (ASAFSF)
View full description - Glendale Victim Assistance
View full description - Confidential Intermediary Program
View full description - Sandra Day O’Connor College of Law, Civil Litigation Clinic
View full description - Pima County Bar Lawyer Referral Service
View full description
Generic versions of the drug Cialis, sold as tadalafil, now available from many manufacturers.