If my landlord has been accepting partial payments for months, can he still terminate us?

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If my landlord has been accepting partial payments for months, can he still terminate us?

Asked on January 23, 2012 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Yes, and no.  If you mean he has -by his actions - agreed to modify the terms of the lease to accept payments say twice a month, that will probablynot fly with the court.  He would have to agree to it in writing. Can he terminate you for breach of the agreement, yes, he can try. Can he accept payments after the proceeding has begun? No, he can not. Try and discuss the issue with him and work something out. Good luck.


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