Prior to HB 2358, if a tenant rented an apartment for $800 per month and a third party subsidized that rent by making a payment of $650 per month directly to the lessor, the landlord could not attempt to dislodge the tenant for non-payment of rent, even if the tenant had not paid his own share of $150 because the landlord would have already received a “partial payment” of $650. Where can a tenant turn if they believe their landlord is seeking eviction for non-payment of rent, when they have already accepted a partial payment (without housing allowance)? HB 2358 amends the ARLTA by stating that “housing allowances” are not partial payments. On June 8, 2019, Arizona Governor Doug Ducey signed the House Bill (HB) Act 2358. When HB 2358 comes into effect at the end of August, it will be a little easier for homeowners across Arizona to distribute low-income tenants for non-payment of rent, even if the landlord has already received a partial payment. However, the ARLTA has long stated that if and if a landlord decides to accept a partial payment from a tenant for a given month (or any other rental period), the landlord cannot evict the tenant for non-payment of that month`s rent – unless at the time of partial payment, the landlord is accepted and the tenant agrees in writing that : if the balance of the rent has not been paid until a certain date. The landlord will request the eviction of the tenant for non-payment (A.R.S. 33-1371 (A)). one. A landlord is not obliged to accept a partial payment of rent or other costs. A landlord who accepts a partial payment of rent or other costs reserves the right to act against a tenant only if the tenant agrees, in simultaneous writing, the terms of the partial payment with respect to the continuation of the lease. The written agreement contains a date on which the balance of the rent is due.
As in section 4 of this chapter and Title 12, Chapter 8 2, the lessor may act against a tenant in violation of that contract or other breach of the original tenancy agreement. If the lessor has sent the tenant, prior to the conclusion of the partial payment contract, a notification of non-payment of the tenancy in accordance with dense.33-1368, subsection B, is not notified in the event of a breach of the partial payment contract. 33-1368, subsection B. At HB 2358, payments made by faith-based organizations, community action programs and non-profit organizations are not considered housing allowances for this purpose.