Question: I RECEIVED CMPLAINT FORCIBLE/SPECIAL DETAINER(41-133798)ALTHOUGH HAD GIVEN A PARTIAL RENT PAYMENT WITH ARRANGEMENTS TO BE MADE ON PAYING THE BALANCE. MY MANAGER ACCEPTED THE PARTIAL PAYMENT AND NEVER GOT BACK TO ME. SHE IS ON VACATION AT THIS TIME AND I FOUND THE NOTICE ON MY DOOR 7/17/2008. THE PARTIAL PAYMENT WAS ACCEPTED 7/10/2008. WHAT LEGAL RIGHTS DO I HAVE AND HOW DO I CLAIM SPECIAL CIRCUMSTANCES(MY BOYFRIEND HAD A MASSIVE STROKE 7/04/08).
I am sorry to hear about your boyfriend.
Partial payments of rent are explained in ARS 33-1371.
33-1371 Acceptance of Partial Payments
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.
For more information on evicition, and defenses please see the article Evictions on this website.
July 21, 2008