questions & answers

Question: my landlord had provided me a 5 day notice. I went to the office and gave them a large portion of the rent and entered into a promise to pay. I paid off the promise to pay which included all the applicable late fees. My landlord then stated I must sign a promise to pay for an additional $500. I refused.I ask for an explanation and they refuse to tell me where the extra money is coming from. I filed an action in court for unlawful rent increase. Couple days after they were served with compliant, I come and had a "Notice to Terminate Agreement. Isn't this retaliatory action? Can they do this?

Answer: Section A.R.S. 33-1381(A) of the Arizona Residential Landlord and Tenant Act (ARLTA) states that “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 [which is the landlord’s obligation to “maintain fit premises”]. 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.” The ARTLA does not specifically address the question of whether a landlord’s decision not to renew a lease can constitute unlawful retaliation. You should speak with an attorney. There are links to free and low-cost legal services on this website (at http://www.azlawhelp.org/accessToJustice).