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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 36588
Experience:  Attorney over 16 years, landlord 26 years
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I'm evicting my tenant in Arizona. she made partial payment

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i'm evicting my tenant in Arizona. she made partial payment in January, partial payment in February, and March, which catches her up to January minus $100.00. SO SHE REALLY OWES ME 100.00 FOR JAN. FEB AND MARCH. AM I ABLE TO COLLECT ON THAT? SHE OWES ME 100+950+950=2,000 OR AM I SCREWED BECAUSE OF THE PARTIAL PAYMENTS?
Submitted: 6 years ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 6 years ago.

Hello,

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Did you give her a 7 day notice each time she was late?

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And then did you accept a partial payment after the notice was given?

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When did you give her the last 7 day notice?

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How much was it for?

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Did you accept any rent after giving her the notice?

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thanks

Barrister

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Customer: replied 6 years ago.

I did not know about a seven day notice but i would email her and alerted her.

yes I accepted every time she was late. Direct deposit to my bank. I accepted her partial payment before serving her by the court

Expert:  barristerinky replied 6 years ago.

Everything below should state 5 day notice.

Ok, under Arizona law if a landlord accepts a partial rent payment after giving a five-day notice for nonpayment, the landlord must either make a new written agreement with the tenant to extend the eviction for a specific period of time or begin the eviction process all over again.

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In order to formally notify her that she is late on the rent, you would have to give her a 5 day notice to pay or quit under Arizona law. Then if she didn't pay the entire amount due within that time period, you can legally terminate her tenancy and file a formal action to evict.

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So depending on how much the partial payments were, the 5 day notice should have been for the total amount due in March. For example, if rent is 950 and she paid 475 in Jan, 475 in Feb and 475 in March, technically she would have only paid up through halfway through February. But if you didn't give her a 5 day notice in Jan or if you did and then later accepted a partial payment in Feb, it would wipe out the 5 day notice in Jan and you would have to start over again with a new 5 day in Feb.

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The long and short of it is that you can't accept any rental payments after you have given her a 5 day notice or it starts the clock over again. If you never gave her a 5 day notice, then you never offically started the clock on her time to pay the rent off.

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You don't say how much she paid as partial payments in Jan, Feb and March, but you could only sue her for the balance due after giving her a 5 day notice in March for the total amount that was outstanding minus any partial payments (plus attorneys fees if stated in the lease contract).

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If you filled out the paperwork to evict her, then accepted a partial payment, it would wipe out that action and you would have to start over. If it was a direct deposit, you would have to remove the money from your account and return it to her as a rejected partial payment in order to continue your action. If you accept even $1 for rent, you have to start the entire process over again with a 5 day notice.

.

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thanks

Barrister

.

If I have answered your question, PLEASE CLICK THE GREEN "ACCEPT" button NOW, so that I receive credit for my work. Bonuses are optional and greatly appreciated. Please keep in mind that I don't make the laws, I am just reporting/interpreting them, so the outcome may not be what you had hoped for.

.

There may be a time lag between my replies as I am typically working with several customers at any given time, but rest assured, I will get back with you as soon as I am able.

.

If you need additional clarification on this question, just click "Reply" and I will be happy to help you. Please give me as much detail as you can so that I can respond after receiving all the relevant details.

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