In Arizona, self-help evictions and retaliatory evictions are illegal. Self-help evictions occur when landlords try to remove a tenant (i.e., change locks or decrease utilities) without a court order. Retaliatory evictions are when a tenant exercises their legal rights (i.e., making a complaint) and the landlord retaliates by an eviction.
Self-Help Evictions in Arizona
Yes, self-help evictions are illegal in Arizona. A landlord may not remove or exclude a tenant from the dwelling unit by:
- Diminishing or interrupting services (i.e., electricity, gas, water, other essential services).
- Making an unlawful entry or making a lawful entry in an unreasonable manner.
- Harassing the tenant (i.e., threats of physical violence, physical intimidation).
- Changing the locks.
A landlord may not take possession of the dwelling unit unless doing so by court order or the dwelling unit is considered “abandoned.”
A dwelling unit is considered abandoned under the following circumstances:
- The tenant is absent for 7 days without notice, rent has not been paid in 10 days and the tenant’s personal property has been removed from the dwelling unit; or
- The tenant is absent for 5 days and rent has not been paid for 5 days and the tenant’s property remains in the dwelling unit.
Retaliatory Evictions in Arizona
Yes, retaliatory evictions are illegal in Arizona. A landlord may not retaliate by filing an eviction action because a tenant exercised a legally protected right (i.e., complaining about a housing violation).
Tenants are protected from landlord retaliation if they have exercised the following legal rights:
- Complaining to a governmental agency about a building or housing code violation that materially affects the tenant’s health and safety.
- Complaining to the landlord about a lease violation.
- Organizing or becoming a member of a tenant’s union or similar organization.
- Filing an action against the landlord.
Arizona landlords may not file an eviction action within 6 months of a tenant exercising their legal right as it creates a presumption that the landlord’s conduct is retaliatory.
However, if a landlord retaliates, a landlord may legally file an eviction action under the following circumstances:
- The violation of the building or housing code was caused by the lack of reasonable care by the tenant (or tenant’s guests).
- The tenant is delinquent on rent. It’s important to note that the filing of an eviction action due to a tenant’s nonpayment of rent does not release the landlord from the liability of retaliation.
Consequences for Illegal Evictions in Arizona
In Arizona, if a landlord is found guilty of using self-help measures to evict a tenant, the landlord could be liable for 2 months’ rent or twice the amount of actual damages sustained.
If the landlord is found guilty of retaliation, the landlord could be liable for 2 months’ periodic rent and twice the actual damages sustained.
In addition to the monetary damages awarded by the court, the tenant may also:
- Recover possession of the rental unit; or
- Terminate the rental agreement and recover the security deposit.
Sources
- 1 Ariz Rev Stat § 33-1367 (2022)
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…landlord unlawfully removes or excludes the tenant from the premises or willfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant…
- 2 Ariz Rev Stat § 33-1484 (2022)
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B. If the landlord makes an unlawful entry or a lawful entry in an unreasonable manner or makes repeated demands for entry otherwise lawful but which have the effect of unreasonably harassing the tenant,…
- 3 Ariz Rev Stat § 33-1370 (2022)
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J. … abandonment” means either of the following:
1. The absence of the tenant from the dwelling unit, without notice…for at least seven days, if rent…is outstanding and unpaid for ten days and…no reasonable evidence other than the presence of the tenant’s personal property that the tenant is occupying the residence. 2. …absence…for at least five days, if the rent…is outstanding and unpaid for five days and none of the tenant’s personal property is in the dwelling unit. - 4 Ariz Rev Stat § 33-2148 (2022)
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A. … a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction for the following:
1. The tenant has complained to a governmental agency…of a building or housing code of a violation…2…. has complained to the landlord of a violation under this chapter. 3. …has organized or become a member of a tenants’ union…4. …filed an action seeking relief pursuant to section 33-2107 or has filed any other action against the landlord in an appropriate court. - 5 AZ Rev Stat § 33-1491 (2022)
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B. …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.
- 6 AZ Rev Stat § 33-2148 (2022)
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C. Notwithstanding subsections A and B of this section, a landlord may bring an action for eviction if either of the following occurs:
1. The violation of an applicable building or housing code was caused primarily by lack of reasonable care by the tenant or another person in the tenant’s household or who was on the premises with the tenant’s consent.
2. The tenant is in default in rent. The filing of an action does not release the landlord from liability pursuant to section 33-2141, subsection B.
- 7 AZ 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…
- 8 Ariz Rev Stat § 33-2148 (2022)
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…the tenant is entitled to an amount equal to two months’ periodic rent and twice the actual damages sustained by the tenant and has a defense in action against the landlord for eviction, unless the landlord proves good cause for the landlord’s action.