Can a Tenant Stop an Arizona Eviction by Paying Rent? (33-1368)
Sometimes. Under A.R.S. 33-1368(B), before a special detainer action is filed the rental agreement shall be reinstated if the tenant tenders the past due periodic rent and a reasonable late fee set forth in a written rental agreement. After filing, attorney fees and court costs are added. After a judgment for the landlord, reinstatement is up to the landlord alone. Three stages, three different rules; do not merge them.
The three stages
| Stage | Text says | What must be tendered or paid |
|---|---|---|
| Before a special detainer action is filed | Agreement shall be reinstated if the tenant tenders | All past due and unpaid periodic rent; a reasonable late fee set forth in a written rental agreement |
| After filing, before judgment | Reinstated only if the tenant pays | All past due rent; reasonable late fees set forth in a written rental agreement; attorney fees; court costs |
| After judgment for the landlord | Solely in the landlord's discretion | No amount is set by the text |
What the text lists, and what it does not
- Before filing the text says: “Before the filing of a special detainer action the rental agreement shall be reinstated if the tenant tenders all past due and unpaid periodic rent and a reasonable late fee set forth in a written rental agreement.” Two items. No attorney fees or court costs are listed at this stage.
- The dividing line is the filing. On a plain reading it is not the end of the five-day notice period (calendar days under 33-1368(G)), so a tender after day five but before filing falls in the first row. The text does not say more; confirm with an Arizona attorney if the landlord disputes it.
- A late fee counts only if it is set forth in a written rental agreement. The text does not define reasonable or give an amount.
- After filing the verbs shift from tenders to pays and the rent wording from past due and unpaid periodic rent to past due rent. The text does not explain the shift, and it does not say how attorney fees or court costs are measured. Ask the justice court clerk.
- Other charges (damage, other fees) are not on either reinstatement list.
After judgment
The text: “any reinstatement of the rental agreement is solely in the discretion of the landlord.” Paying does not oblige the landlord to agree. Under A.R.S. 12-1178(C), a motion to set aside does not suspend the writ of restitution unless a judge finds good cause. A.R.S. 33-1379 gives one route: on the filing of a written stipulation by landlord and tenant to set aside the order of eviction and seal the case file, the court shall order the case sealed (33-1379(B)). A dismissal before judgment also triggers sealing (33-1379(A)). The text does not say that a payment by itself causes a dismissal.
Damages and fees, 33-1368(C)
The landlord may recover: (1) all reasonable damages resulting from noncompliance by the tenant with the rental agreement or A.R.S. 33-1341 or occupancy of the dwelling unit; (2) court costs; (3) reasonable attorney fees; (4) all quantifiable damage caused by the tenant to the premises. Judgment in a special detainer includes restitution, late charges stated in the rental agreement, costs and, at the landlord's option, rent found due and unpaid through the periodic rental period (A.R.S. 33-1377(F)); the court may also assess damages and attorney fees (33-1377(D)). The text does not say whether paying the reinstatement list also settles the subsection (C) items; an Arizona attorney can say.
Worked example (hypothetical amounts, illustrative dates)
Rent is $1,200, due Thursday 1 October 2026; the written lease sets a $60 late fee. The landlord hands over a five-day notice Monday 5 October.
- Tender Tuesday 13 October, no case filed: $1,200 plus $60 = $1,260.
- Complaint filed Wednesday 14 October; tenant pays Friday 16 October: $1,260 plus attorney fees plus court costs. Confirm the total with the clerk.
- Judgment Monday 19 October; payment Wednesday 21 October: the landlord decides.
Common mistakes
- Taking part of the rent with nothing in writing. A.R.S. 33-1371(A): “A landlord is not required to accept a partial payment of rent or other charges.” And: “A landlord accepting a partial payment of rent or other charges retains the right to proceed against a tenant only if the tenant agrees in a contemporaneous writing to the terms and conditions of the partial payment with regard to continuation of the tenancy.”
- A partial-payment writing with no balance date. “The written agreement shall contain a date on which the balance of the rent is due.” If the 33-1368(B) notice was already given, no new notice is needed for a breach of that agreement (33-1371(A)).
- Accepting rent while knowing of the default. Subsection (C), except as (A) and (B) provide: “acceptance of rent, or any portion of rent, with knowledge of a default by the tenant” ... “constitutes a waiver of the right to terminate the rental agreement for that breach.” A housing assistance payment is not a partial payment or waiver (33-1371(B)).
- Using the pre-filing amount after filing, which leaves out attorney fees and court costs.
- Counting a late fee that is not in a written rental agreement.
- Assuming payment after judgment cancels the judgment or the writ.
Checked against the text published on azleg.gov on 5 October 2026.
Sources
- A.R.S. 33-1341 — Arizona Legislature, Arizona Revised Statutes
- A.R.S. 33-1368 — Arizona Legislature, Arizona Revised Statutes
- A.R.S. 33-1371 — Arizona Legislature, Arizona Revised Statutes
- A.R.S. 33-1377 — Arizona Legislature, Arizona Revised Statutes
- A.R.S. 33-1379 — Arizona Legislature, Arizona Revised Statutes
- A.R.S. 12-1178 — Arizona Legislature, Arizona Revised Statutes
Related guides
- Arizona Security Deposit Return: The 14-Day Clock Explained
- Maximum Security Deposit in Arizona: 1.5 Months of Rent
- Arizona 5-Day Notice to Pay Rent or Quit (A.R.S. 33-1368(B))
- Arizona 10-Day Notice to Cure a Lease Violation (A.R.S. 33-1368(A))
- Arizona Eviction Process: Special Detainer Steps and Deadlines
- Arizona Landlord Entry Notice Rules Under A.R.S. 33-1343
- Arizona Landlord Failed to Repair: Tenant Remedies and Deadlines
- Arizona Late Fee Law for Landlords: What the Statute Says
- Arizona Month-to-Month Notice and Rent Increase Rules
- Arizona Abandoned Tenant Property: Landlord Rules, A.R.S. 33-1370
- Arizona Landlord Retaliation Rules Under A.R.S. 33-1381
Informational only, not legal advice. Statute text checked against the Arizona Revised Statutes (Title 33, Chapter 10 and Title 12, Chapter 8, Article 4) as published at azleg.gov on October 5, 2026. Statutes change every legislative session and a court may read them differently than a summary does; for a dispute, an eviction or anything expensive to get wrong, talk to an Arizona landlord-tenant attorney.
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