Can't Pay Rent in Arizona: What Are My Options?

What the law says

1. 1

   Arizona law says you cannot hold back rent unless a specific rule in Arizona's landlord and tenant law allows it.

   Source:

   1. § 33-1368(B), Arizona Legislature. Law.
2. 2

   Your landlord does not have to accept part of your rent or part of any other charge in your lease. Arizona law lets your landlord turn down part of your rent and require the full amount instead.

   Source:

   1. § 33-1371(A), Arizona State Legislature. Law.
3. 3

   Your landlord may accept part of your rent even while knowing you are behind. If so, Arizona law usually says your landlord gives up the right to end your lease over that unpaid amount. This does not apply if you and your landlord signed a written agreement about paying part of the rent. It also does not apply if the payment came through a housing assistance program.

   Source:

   1. § 33-1371(C), Arizona State Legislature. Law.
4. 4

   You and your landlord can agree in writing that you will pay part of the rent now. The agreement must be signed at the same time as the payment. It must set a date for you to pay the rest. If you do not pay by that date, or you break your lease in another way, Arizona law lets your landlord act against you.

   Source:

   1. § 33-1371(A), Arizona State Legislature. Law.
5. 5

   Your landlord may take a housing assistance payment. This is money a government housing program pays straight to your landlord on your behalf. Arizona law says this is not the same as your landlord accepting part of your rent. Your landlord still keeps the right to act against you for any other way you broke your lease.

   Sources:

   1. § 33-1371(B), Arizona State Legislature. Law.
   2. § 33-1310(6), Arizona State Legislature. Law.
6. 6

   Your lease may charge a late fee for paying rent after it is due. Arizona law says you only have to pay that fee if it is fair and is written in your lease.

   Source:

   1. § 33-1368(B), Arizona Legislature. Law.
7. 7

   Arizona law does not let your landlord take your things to make you pay rent you owe.

   Source:

   1. § 33-1372(B), Arizona State Legislature. Law.

Talk to your landlord

8. 8

   Tell your landlord in writing as soon as you know you cannot pay your rent on time. Explain how much you can pay and when you expect to pay the rest. Ask if your landlord is willing to agree to a payment plan in writing, with clear dates for each payment.

   Source:

   1. Our editorial rules.
9. 9

   Write down every conversation with your landlord about the rent you owe and any payment plan you agree to. Keep copies of texts, emails, letters, and receipts. These records can help you later if there is a problem about what was paid or promised.

   Source:

   1. Our editorial rules.

If you still cannot pay

10. 10

    If you fall behind on rent, Arizona law gives you a way to keep your lease. Pay your landlord all of the rent that is past due. If your written lease sets a reasonable late fee, pay that too. You must do this before your landlord takes you to court.

    Source:

    1. § 33-1368(B), Arizona Legislature. Law.
11. 11

    If your lease ends, Arizona law lets your landlord ask a court for the rent you owe. Your landlord can also make a separate claim for money to cover the landlord's real losses from you breaking the lease. These are two different claims your landlord may bring.

    Source:

    1. § 33-1373, Arizona State Legislature. Law.