• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Tenant Help

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Kalibanos

Junior Member
What is the name of your state (only U.S. law)? Arizona

I live in Arizona and my landlord has given us a 5 day notice to pay or quit for January 2017. We have already made a partial payment for January 2017. I believe according to Arizona law once he accepts a partial payment he cannot evict but I am not sure. If he cannot evict how should I handle the 5 day notice and/or court? Any help would be appreciated greatly! Thank you.
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? Arizona

I live in Arizona and my landlord has given us a 5 day notice to pay or quit for January 2017. We have already made a partial payment for January 2017. I believe according to Arizona law once he accepts a partial payment he cannot evict but I am not sure. If he cannot evict how should I handle the 5 day notice and/or court? Any help would be appreciated greatly! Thank you.
He cannot evict you. He has to take it to court and have a judge evict you. Did he give you the 5 day notice before or after you made the partial payment?
 

Gail in Georgia

Senior Member
"If he cannot evict how should I handle the 5 day notice and/or court?"

Pay the rest of the rent you owe for January? (or is that too simple a solution?)

It is only January 5th. Your landlord may still refuse the partial payment you made for this month in which case if you don't remedy the situation within 5 days (pay the rent or leave) his/her next step would be filing for the actual eviction through the court system.

You really don't want even a filing to show up on your credit history as this may ruin future chances of finding another good rental property.

Gail
 

Kalibanos

Junior Member
"If he cannot evict how should I handle the 5 day notice and/or court?"

Pay the rest of the rent you owe for January? (or is that too simple a solution?)

It is only January 5th. Your landlord may still refuse the partial payment you made for this month in which case if you don't remedy the situation within 5 days (pay the rent or leave) his/her next step would be filing for the actual eviction through the court system.

You really don't want even a filing to show up on your credit history as this may ruin future chances of finding another good rental property.

Gail
The landlord has accepted the partial payment. I believe in Arizona once he accepts partial payment he cannot evict for the month of January. We are paying remainder by the 21st January.
 

LdiJ

Senior Member
The landlord has accepted the partial payment. I believe in Arizona once he accepts partial payment he cannot evict for the month of January. We are paying remainder by the 21st January.
How do you expect to pay February on time when you cannot get January's paid in full until 1/21? Expect your landlord to refuse to accept any rent for February unless its paid in full, on time.
 

Gail in Georgia

Senior Member
Arizona landlord/tenant statute 33-1368: (note the emphasis on ALL past due and unpaid periodic rent)

B. A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377. Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs. After a judgment has been entered in a special detainer action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord.
 

Kalibanos

Junior Member
How do you expect to pay February on time when you cannot get January's paid in full until 1/21? Expect your landlord to refuse to accept any rent for February unless its paid in full, on time.
That wasn't my question(s). I didn't ask or solicit any advice on whether I could pay February's rent or the abstract expectations of my landlord. Next time stay on topic.
 

Kalibanos

Junior Member
Arizona landlord/tenant statute 33-1368: (note the emphasis on ALL past due and unpaid periodic rent)

B. A tenant may not withhold rent for any reason not authorized by this chapter. If rent is unpaid when due and the tenant fails to pay rent within five days after written notice by the landlord of nonpayment and the landlord's intention to terminate the rental agreement if the rent is not paid within that period of time, the landlord may terminate the rental agreement by filing a special detainer action pursuant to section 33-1377. Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement. After a special detainer action is filed the rental agreement is reinstated only if the tenant pays all past due rent, reasonable late fees set forth in a written rental agreement, attorney fees and court costs. After a judgment has been entered in a special detainer action in favor of the landlord, any reinstatement of the rental agreement is solely in the discretion of the landlord.
Wrong.

This is the correct answer to my question:

A.R.S. 33-1371, part of the Arizona Residential Landlord Tenant Act, governs acceptance of partial payments. It provides in part:

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.

This means that, so long as you did not receive a default notice prior to making the partial payment, the landlord cannot proceed against you (evict you) unless you signed a separate agreement when you made the partial payment. If you received a default notice before you made the partial payment, the landlord may still proceed.
 

LdiJ

Senior Member
That wasn't my question(s). I didn't ask or solicit any advice on whether I could pay February's rent or the abstract expectations of my landlord. Next time stay on topic.
Silverplum was referring to this post when she told you that there would be no next time. When you post questions on a forum that provides free advice from volunteer responders, a post like this one is considered to be extremely rude and disrespectful.
 

Silverplum

Senior Member
Silverplum was referring to this post when she told you that there would be no next time. When you post questions on a forum that provides free advice from volunteer responders, a post like this one is considered to be extremely rude and disrespectful.
You're right, Ld. :) @ you
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top