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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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As a landlord in Arizona I am not required to accept a

Customer Question

As a landlord in Arizona I am not required to accept a partial payment. Can I still hold their partial payment money order until we go to court.
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Dimitry K., Esq. replied 1 year ago.

Thank you for your question. Please permit me to assist you with your concerns.

My apologies but I am afraid that the tenant is correct. If you accept the partial payment, arguably you can no longer pursue an eviction. You cannot therefore hold the money order even if you do not endorse it. So you either refuse to accept anything less than the full amount owed, or you accept less but then the courts would consider that 'waiver' and would bar you from pursuing the eviction. I wish I had a different answer for you as I can understand your concern over not being able to collect, but in this case if you fail to return, they can claim you accepted and you won't be able to evict anyhow.

Sincerely,

Dimitry, Esq.

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