Complex Problem w/Joint Tenants

[InnovativeCap]

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

ARIZONA

I have a question about an issue Im having with one of my tenants. There is 2 months remaining on the lease. I have a lease with joint tenants. Two men, they split the rent and one of the tenants pay his rent on time every month however the other tenants is always late. This month I recieved the rent from tenant #1 however on the 5th I attempted to collect from tenant #2 and he did not have his rent. He usually pay around 16-19 so this month I typed up a partial payment agreement stating that tenant #1 paid his half and added up the balance from last month and then the current month rent now due also late fees and requested tenant #2 to sign stating he would pay the TOTAL DUE rent by May 10th and he refused to sign.

So my question is if I must take this issue to court for a detainer eviction and tenant #1 pay has already paid his rent, Must I just take only tenant #2 to court?

After May payment there would only be 1 month remaining on the lease.

Tenant #1 would like to may his final month payment for June so that a judgement is not place against his name could he pay his final June payment to release him from the obligation or must I refuse his payment and take them both to court?

Please reply, any info would be appreciated on this situation.

 

[Alaska landlord]

You have joint tenants and should not be accepting partial rent. You should insist that the rent be paid in full at the beginning of the month. Being that you have accepted partial rent, you probably cannot evict. (check your state landlord tenant act for verification.

You can try to evict that one tenant. Give him a pay or quit and then start the eviction process. In the future, start eviction on both tenants if rent is not paid in full.

 

[Michigander]

I doubt they will owe anything

Take the partial payment and be thanful you have it.When you go to court a judge will ask why you didn't accept it .Then look at you and say"well you should have case dismissed." 1-3 Months are granted on a broken lease what do you really think your going to get?

 

[InnovativeCap]

So by accepting the partial payment, you think the judge wouldn't honor the eviction and issue me a judgement in the remaining 1.5 months of unpaid rent?


I would rather the tenant move out to avoid the detainer and court altogether.

Well thanks for your help you guys are great!

 

[Alaska landlord]

Take the partial payment and be thanful you have it.When you go to court a judge will ask why you didn't accept it .Then look at you and say"well you should have case dismissed." 1-3 Months are granted on a broken lease what do you really think your going to get?

Ignore the idiot statement above. You should never accept partial payment. You should post a pay or quit immediately after the rent has been determined to be late and have your tenant served asap.

Also; you can evict the non-payer if you wanted to. It will teach him a lesson and ruin his rental history. I don't know about you, but it would drive me nuts to have a free loader living on my property for free.

 

[Michigander]

Another LL who is scum

Alaska Landlord. Why did you except late rent and not evict tenant #2 long ago? Why when tenant #1 wants to pay the rent no diffrent then he has been do you want to change the rules now? You are at fault for letting things go as they did.If 1.5 months is owed ,what is the security deposit? Why ruin tenant #1 credit for something tenant #2 did and you knowing helped him? Is it because if you dont get tenant #1 on the judgement your not likely to get anything. Which you pobably won't I am sure tenant #1 will go to court and explain and the case will be dropped .

 

[Some Random Guy]

Take the partial payment and be thanful you have it.When you go to court a judge will ask why you didn't accept it .Then look at you and say"well you should have case dismissed."

This advice is 100% wrong. Never accept partial rent. follow Alaska Landlord's advice here. I often don't agree with AL, but he is absolutely correct here.

You should never treat your tenants as individual renters. They sign the lease as a group, pay as a group and get evicted as a group. And if they are evicted and still owe you money, you are free to sue any ONE of them to get it back. Then the one that you sued will need to go after the other deadbeat to pay their share.

 

[InnovativeCap]

Arizona the landlord tenant act states you can accept partial payment from a tenant per statute 33-1371 http://www.azsos.gov/public_services/publications/residential_landlord_tenant_Act/Residential.pdf
However the tenant must sign a partial payment agreement stating they will pay the remaining rent by a certain day. I created a partial payment agreement and took it to default tenant #2 and he refused to sign. I called up the good tenant #1 and at first he hestitated a little as though he did not want to sign and be responsible for tenant #2 default payment. I advised him he would not and he signed anyway.

SO THESE ARE MY CURRENT OUTCOME-
Tenant #1 whom always pay his rent on time has requested to move and be removed from the lease so that he does not have to go to court. I had him to sign a lease break agreement stating he would pay the remaining amount he owe for his partial rent for the final month of June 2009 by May 22nd. He already paid his May 1st rent. I suppose this agreement protect me if he doesn't pay. I can sue him in small claims or civil court for his balance. However, he's been a great tenant and has been really concerned that his roommate hasn't been paying his half of rent on time. Im confident he will pay his balance.

Arizona Landlord tenant act, It states if a tenant would like to break their lease they can if they pay the remaining amount owed.

I issued tenant #2 a five day pay or quit notice. If I don't receive the rent by May 10, I will file the detainer in the justice court on him for Monday May 11th for May 1st and June 1st rent plus late fees.

Thank you guys.. and I've learned my lesson. NEVER ACCEPT PARTIAL PAYMENT FROM ANYONE. I usually don't but my mistake was renting to someone I know. The unfortunate truth is the person who does not pay is a friend of the family. Lesson learned!! NEVER RENT TO FRIENDS OR FAMILY!!!

 

[Michigander]

I am happy to see you did it

the honest way. Tenant #1 didn't deserve to be punshied any futher. I think you have every right to claim back rent from tenant #2 and you will win because you did it honestly.

 

[Alaska landlord]

SO THESE ARE MY CURRENT OUTCOME-
Tenant #1 whom always pay his rent on time has requested to move and be removed from the lease so that he does not have to go to court. I had him to sign a lease break agreement stating he would pay the remaining amount he owe for his partial rent for the final month of June 2009 by May 22nd. He already paid his May 1st rent. I suppose this agreement protect me if he doesn't pay. I can sue him in small claims or civil court for his balance. However, he's been a great tenant and has been really concerned that his roommate hasn't been paying his half of rent on time. Im confident he will pay his balance.

Arizona Landlord tenant act, It states if a tenant would like to break their lease they can if they pay the remaining amount owed.

I issued tenant #2 a five day pay or quit notice. If I don't receive the rent by May 10, I will file the detainer in the justice court on him for Monday May 11th for May 1st and June 1st rent plus late fees.

Thank you guys.. and I've learned my lesson. NEVER ACCEPT PARTIAL PAYMENT FROM ANYONE. I usually don't but my mistake was renting to someone I know. The unfortunate truth is the person who does not pay is a friend of the family. Lesson learned!! NEVER RENT TO FRIENDS OR FAMILY!!!

Don't forget court cost when its time to evict.
You kind of lost leverage by letting tenant I off the lease. You could have used him to put the pressure on tenant II to either pay or take off. Tenant I would have paid the balance and should have sued tenant II for his share of the rent. But, I suppose the important thing is that you get the deadbeat out of there asap.