Ariz. Rev. Stat. § 33-1371
Acceptance of partial payments; waiver of right to terminate; exception
Operative Text
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 this article 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 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.
Arizona Revised Statutes § 33-1371 governs what happens when a landlord accepts less than the full rent owed. Under this provision, a landlord who accepts a partial rent payment generally waives the right to terminate the tenancy for that shortfall — unless both parties sign a contemporaneous written agreement specifying the terms and a due date for the remaining balance. Acceptance of a government housing assistance payment is explicitly carved out and does not count as accepting a partial payment or waiving termination rights. More broadly, knowingly accepting any rent or nonconforming performance without a protective written agreement can extinguish the landlord's right to terminate for that particular breach.
Plain English — not legal advice.
Property owners and managers operating under A.R.S. § 33-1371 who wish to accept less than full rent without losing their right to pursue eviction typically document the arrangement in a written agreement signed at the same time the partial payment is received, with a clear date by which the balance must be paid. Compliant operators are careful not to accept rent payments with knowledge of an existing default unless they have that protective writing in place, because doing so generally constitutes a waiver of the right to terminate for that breach. Operators who receive housing assistance payments from a government program can take comfort that § 33-1371(B) explicitly excludes those payments from the partial-payment waiver rule, preserving termination rights for other tenant breaches.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Under A.R.S. § 33-1371, tenants have a meaningful protection: if a landlord accepts rent or a partial rent payment while knowing of a default, that acceptance can operate as a waiver of the landlord's right to terminate the tenancy for that specific breach. Tenants who enter into a written partial-payment agreement should review it carefully, because a breach of that agreement — or any other term of the original lease — can allow the landlord to proceed with eviction without issuing a new notice if a § 33-1368(B) notice was already served. Tenants who believe a landlord has improperly proceeded with eviction after accepting payment may find it useful to consult a tenant-rights organization or legal aid office familiar with Arizona landlord-tenant law to understand how § 33-1371 might apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
Rules and statutes cited by this regulation
References In
No inbound references recorded yet for this provision.