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ARIZONA STATE SENATE
Fifty-Fourth Legislature, First Regular Session
landlord tenant; partial payment; assistance
Purpose
Specifies that acceptance of a housing assistance payment by a landlord does not constitute an acceptance of partial payment of rent or waive the landlord's right to terminate a rental agreement for any breach by the tenant.
Background
A landlord is not required to accept partial payment of rent or other charges from a tenant. If a landlord does accept partial payment of rent or other charges, the landlord does not retain the right to proceed against a tenant, unless the tenant agrees in writing to the terms and conditions of the partial payment. The written agreement must contain the date on which the rent balance is due. A landlord may proceed against a tenant in breach of the written agreement or any other breach of the original rental agreement (A.R.S. § 33-1371). If a rental agreement is terminated, the landlord may have a claim for possession and rent and a separate claim for actual damages for a breach of the rental agreement (A.R.S. § 33-1373).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Specifies that a landlord's acceptance of a housing assistance payment does not:
a) constitute an acceptance of partial payment of rent; or
b) waive the landlord's right to terminate the rental agreement for any breach by the tenant.
2. Defines housing assistance payment.
3. Makes technical and conforming changes.
4. Becomes effective on the general effective date.
House Action
COM 2/12/19 DP 7-2-0-0
3rd Read 2/25/19 45-15-0
Prepared by Senate Research
March 13, 2019
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