Arizona Landlord Retaliation Rules Under A.R.S. 33-1381

Under A.R.S. 33-1381(A), a landlord “may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession” after the tenant does one of four listed things, such as complaining to the landlord of a violation under A.R.S. 33-1324. The tenant then has a defense to a possession action and the remedies of A.R.S. 33-1367. The landlord may still bring a possession action for unpaid rent or a tenant-caused code violation (33-1381(C)).

Section 33-1381, subsection by subsection

(A) What is banned, and after what

Three acts are banned: raising rent, decreasing services, and bringing or threatening a possession action. They are banned only after one of these tenant acts:

1. (A)(1) a complaint to a government agency in charge of enforcing a building or housing code, of “a violation applicable to the premises materially affecting health and safety”;
2. (A)(2) a complaint to the landlord of a violation under 33-1324 (the landlord’s duty to keep the premises fit and habitable);
3. (A)(3) the tenant has “organized or become a member of a tenants' union or similar organization”;
4. (A)(4) a complaint to a government agency in charge of enforcing the wage-price stabilization act.

Subsection (A) opens with “Except as provided in this section”; the exceptions are in (C). It states no time limit. The six months appears only in (B).

(B) Remedies, defense, presumption

If the landlord violates (A), the tenant “is entitled to the remedies provided in section 33-1367 and has a defense in action against him for possession”. Section 33-1367 lets the tenant “recover possession or terminate the rental agreement” and recover “an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater”. If the agreement ends, the landlord returns the security recoverable under A.R.S. 33-1321.

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”. It “does not arise if the tenant made the complaint after notice of termination of the rental agreement”. A presumption means 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) What the landlord can still do

Despite (A) and (B), a landlord “may bring an action for possession” if (1) the code violation “was caused primarily by lack of reasonable care by the tenant or other person in his household or upon the premises with his consent”, or (2) “The tenant is in default in rent.” Maintaining the action does not release the landlord from liability under A.R.S. 33-1361(B), which lets the tenant recover damages and obtain injunctive relief for noncompliance with the rental agreement or section 33-1318 or 33-1324. Subsection (C) speaks only of possession actions, not rent increases or service cuts.

Is it covered?

Worked example

Rent is $1,400, due on the 1st. On Monday 4 May 2026 the tenant tells the landlord the air-conditioning has failed, a 33-1324 complaint (33-1324(A)(6) covers cooling where installed and offered). On Monday 14 September 2026, over four months later, the landlord announces rent of $1,600. The complaint is inside six months, so (B) presumes retaliation unless the landlord introduces evidence supporting a finding that it was not. On a plain calendar reading the window from 4 May runs to Wednesday 4 November 2026; the text states no counting method. The same increase announced Monday 16 November 2026 falls outside it. Subsection (A) still applies, but the tenant has no presumption.

Now the tenant skips the rent due Tuesday 1 September 2026. The complaint does not block a possession action, because (C)(2) allows one for default in rent, but 33-1368(B) still requires written notice and five days. If retaliation is found, 33-1367 allows up to two months' rent ($2,800); if actual damages were $1,600, twice that is $3,200, the greater figure.

Where the text is silent

• It does not say a complaint must be written.
• It does not define “decreasing services”. Section 33-1367 uses different words: “wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service”.
• It does not define “default in rent”.
• It does not say whose notice of termination ends the presumption.
• It does not say how long (A) protects a tenant after a complaint.

Common mistakes

• Reading the six months as a deadline. It limits only the presumption.
• Assuming every complaint is protected. Only the four triggers count.
• Treating refusal to repair as the retaliation ban. Repairs stay owed under 33-1324 whether or not anyone complained.
• Withholding rent after a complaint. Section 33-1368(B) says “A tenant may not withhold rent for any reason not authorized by this chapter.” Unpaid rent is the (C)(2) exception.
• Reading (C) as permission to raise rent or cut services; it covers possession actions only.
• Skipping the 33-1368 notice steps because (C) applies.
• Keeping no dated record of the complaint or the reason for the later action.

Checked against the text published on azleg.gov on 5 October 2026.

Sources

• A.R.S. 33-1381 — Arizona Legislature, Arizona Revised Statutes
• A.R.S. 33-1324 — Arizona Legislature, Arizona Revised Statutes
• A.R.S. 33-1367 — Arizona Legislature, Arizona Revised Statutes
• A.R.S. 33-1321 — Arizona Legislature, Arizona Revised Statutes
• A.R.S. 33-1361 — Arizona Legislature, Arizona Revised Statutes
• A.R.S. 33-1368 — Arizona Legislature, Arizona Revised Statutes
• A.R.S. 33-1375 — Arizona Legislature, Arizona Revised Statutes
• A.R.S. 33-1318 — 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
• Can a Tenant Stop an Arizona Eviction by Paying Rent? (33-1368)
• 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

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.