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Arizona Tenant Defense Against Eviction

The Arizona Residential Landlord and Tenant Act allows for tenants to raise the following landlord’s noncompliance as a defense against an action for possession of the rental property or rent:

Landlord Noncompliance

In an action for possession based upon nonpayment of the rent or in an action for rent where the tenant is in possession, if the landlord is not in compliance with the rental agreement or this Act, the tenant may counterclaim for any amount which he may recover under the rental agreement or this Act. In that event after notice and hearing the court from time to time may order the tenant to pay into court all or part of the undisputed rent accrued and all periodic rent thereafter accruing and shall determine the amount due to each party. The party to whom a net amount is owed shall be paid first from the money paid into court and the balance, if any, by the other party. However, if no rent remains due after application of this section, or if the tenant is adjudged to have acted in good faith and satisfies a judgment for rent entered for the landlord, judgment shall be entered for the tenant in the action for possession.

Note: In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in this subsection, but the tenant is not required to pay any rent into court.

Article 04. Section 33-1365.

Return to Arizona Landlord-Tenant Laws.