Eviction

questions & answers

Question: What are my rights if my landlord excepts a rent payment after special detainer action has been made

Answer: Under the Arizona Residential Landlord and Tenant Act, if a landlord accepts a partial payment of rent from a tenant, then the landlord cannot seek the tenant’s eviction for nonpayment of rent or for any other violation of the rental agreement that the landlord was already aware of at the time the landlord accepted the partial payment (A.R.S. 33-1371(A)). However, a landlord may accept a “housing assistance payment” from a housing authority or other government agency (such as HUD) without waiving their right to seek the tenant’s eviction (A.R.S. 33-1371(B)). If you would like legal advice about partial payment, there are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).