Ariz. Rev. Stat. § 33-1491
Retaliatory conduct prohibited; eviction
Operative Text
A. Except as provided in this section, a landlord shall not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for eviction 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 this chapter. 3. The tenant has organized or become a member of a tenant's union or similar organization. 4. The tenant has filed an action against the landlord in the appropriate court or with the appropriate hearing officer. B. If the landlord acts in violation of subsection A of this section, the tenant is entitled to the remedies provided in section 33-1475 and has a defense in action against him for eviction. 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. For the purpose of this subsection, "presumption" 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. C. The landlord of a mobile home park shall specify the reason for the termination of any tenancy in such mobile home park. The reason relied on for the termination shall be set forth with specific facts, so that the date, place and circumstances concerning the reason for termination can be determined. Reference to or recital of the language of this chapter, or both, is not sufficient compliance with this subsection. D. 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 the applicable building or housing code was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent. 2. The tenant is in default in rent. The maintenance of the action does not release the landlord from liability under section 33-1471, subsection B.
Arizona Revised Statutes § 33-1491 prohibits landlords from retaliating against tenants by raising rent, cutting services, or pursuing or threatening eviction after a tenant complains to a government agency about housing code violations, complains directly to the landlord about legal violations, joins a tenant organization, or files a legal action against the landlord. When a tenant made a complaint within six months before the alleged retaliation, the law presumes the landlord's conduct was retaliatory—unless the tenant complained only after already receiving a termination notice. Landlords of mobile home parks must state specific facts when terminating a tenancy, and a landlord may still pursue eviction if the code violation was primarily the tenant's fault or if the tenant is behind on rent.
Plain English — not legal advice.
Under A.R.S. § 33-1491, compliant operators are careful to ensure that any rent increase, service reduction, or eviction action is grounded in legitimate, documented reasons entirely unrelated to a tenant's protected activity—such as a housing complaint, union membership, or lawsuit. Because a tenant complaint filed within six months of an adverse action triggers a legal presumption of retaliation, property managers generally maintain clear, contemporaneous records showing the independent business basis for any tenancy action. Operators of mobile home parks must be especially precise, documenting the specific dates, places, and circumstances behind any termination rather than simply citing statutory language.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 33-1491 gives tenants protection against landlord retaliation for reporting housing code violations to a government agency, complaining to the landlord about legal violations, joining a tenant organization, or filing a court action. If a landlord raises rent, cuts services, or moves to evict within six months of such protected activity, the law presumes the landlord acted in retaliation, and tenants may raise this as a defense in an eviction proceeding or pursue remedies available under A.R.S. § 33-1475. Tenants who believe they are experiencing retaliation may consider documenting their complaint history, contacting a local tenant-rights organization, or consulting with a legal aid office to understand the full range of options available under this provision.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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