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REFERENCE TITLE: landlord tenant; partial payment; procedures. |
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State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
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SB 1172 |
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Introduced by Senators Ortiz: Alston; Representative Sandoval
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AN ACT
amending section 33-1371, Arizona Revised Statutes; relating to the Arizona residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1371, Arizona Revised Statutes, is amended to read:
33-1371. Acceptance of partial payments; waiver of right to terminate; exception
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 except that if the tenant tenders at least fifty percent of the rental amount before or during the five-day notice period prescribed in section 33-1368, the termination of the rental agreement is stayed for one week. If the tenant pays the remainder of the rental amount during the one-week period, the rental agreement is reinstated and any late fees or other charges are canceled. If the tenant fails to pay the remainder of the rental amount during the one-week period, the landlord may terminate the rental agreement. The written agreement shall contain a date on which the balance of the rent is due. The landlord may proceed as provided in this article and in title 12, chapter 8 against a tenant in breach of this agreement to pay the remainder of the rental amount 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 before 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. For the purposes of this section, a landlord's acceptance of a housing assistance payment does not constitute an acceptance of a partial payment of rent or a waiver of a landlord's right to terminate the rental agreement for any breach by the tenant.
C. Except as specified in subsections A and B of this section, acceptance of rent, or any portion of rent, with knowledge of a default by the 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.