| Tenant Protected Actions |
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| Landlord Retaliatory Actions |
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| Penalties for Retaliation |
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When Is It Illegal for Landlords to Retaliate in Arizona?
Except for good cause like unpaid rent or a lease violation, in Arizona it’s illegal for landlords to retaliate by raising rent, reducing services, or threatening eviction, within six months of the tenant doing one of the following:
- Reporting code or wage-price violations.
- Complaining to the landlord about maintenance.
- Participating in a tenant organization.
What Can Tenants Do in Response in Arizona?
If an Arizona landlord retaliates, the tenant can respond by suing for quiet enjoyment of the property. The tenant might also end the rental agreement. In either case, the tenant can recover attorney fees, plus double the expenses associated with the retaliation (minimum of two months’ rent).
Sources
- 1 Ariz. Rev. Stat. § 33-1381(A) (2022)
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“A. Except as provided in this section, a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession after any of the following: 1. The tenant has complained to a governmental agency charged with responsibility for enforcement of a building or housing code of a violation applicable to the premises materially affecting health and safety. 2. The tenant has complained to the landlord of a violation under section 33-1324. 3. The tenant has organized or become a member of a tenants’ union or similar organization. 4. The tenant has complained to a governmental agency charged with the responsibility for enforcement of the wage-price stabilization act.”
Source Link - 2 Ariz. Rev. Stat. § 33-1381(B) (2022)
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“If the landlord acts in violation of subsection A of this section, the tenant is entitled to the remedies provided in section 33-1367 and has a defense in action against him for possession. In an action by or against the tenant, evidence of a complaint within six months prior to the alleged act of retaliation creates a presumption that the landlord’s conduct was in retaliation. The presumption does not arise if the tenant made the complaint after notice of termination of the rental agreement. ‘Presumption’, in this subsection, means that the trier of fact must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.”
Source Link - 3 Ariz. Rev. Stat. § 33-1367 (2022)
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“…the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months’ periodic rent or twice the actual damages sustained by him, whichever is greater. If the rental agreement is terminated the landlord shall return all security recoverable under section 33-1321.”
Source Link - 4 Ariz. Rev. Stat. § 12-341.01(A) (2022)
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“In any contested action arising out of a contract, express or implied, the court may award the successful party reasonable attorney fees.”
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