Retaliatory Eviction
A.R.S. 33-1381 — a complaint within six months before the landlord acts is presumed to be the reason
An Arizona landlord may not retaliate by raising rent, decreasing services, or bringing or threatening an action for possession after the tenant has done any of these:
- Complained to a government agency responsible for a building or housing code about a violation materially affecting health and safety.
- Complained to the landlord of a violation of the fit premises duties.
- Organized or joined a tenants' union or similar organization.
- Complained to a government agency responsible for the wage-price stabilization act.
Six months. Evidence of a complaint within six months before the alleged retaliation creates a presumption that the landlord's conduct was retaliation. The presumption does not arise if the complaint came after notice of termination of the rental agreement.
A tenant retaliated against has a defense in an action for possession and the lockout remedies: possession or termination, and up to two months' periodic rent or twice the actual damages, whichever is greater.
The landlord may still bring an action for possession if the code violation was caused primarily by the tenant's lack of reasonable care, or if the tenant is in default in rent.
Sources for this section (2)
- A.R.S. 33-1381 — Retaliatory conduct prohibited
- A.R.S. 33-1367 — Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Arizona attorney.