questions & answers

Question: How long does a landlord have to return partial payment in their possession, after no documents were signed outlining date rent will be cured from tenant? Can they legally proceed while excluding the partial payment in their possession from the court documentation summons all together? No 5 day notice was received via certified mail and no agreement entered into that they can accept partial payment and still pursue to evict. Please help.

Answer: A landlord who accepts a partial payment of rent from a tenant (and does not immediately return it) cannot go to court to seek the tenant’s eviction for nonpayment of rent or any other breach of the rental agreement of which the landlord was aware when they accepted the partial payment unless when they accepted the partial payment they had the tenant sign a written waiver (A.R.S. 33-1371). If you are facing imminent eviction, it may be wise to speak with an attorney. If you are a low-income person, you may wish to contact your local civil legal aid organization, which, depending on where you live, is either Community Legal Services (http://clsaz.org), Southern Arizona Legal Aid, Inc. (https://www.sazlegalaid.org), or DNA-People’s Legal Services (https://dnalegalservices.org).