Housing Discrimination

questions & answers

Question: what can i do to az landlord who raised rent in retaliation to my tenancy

Answer: Under the Arizona Residential Landlord and Tenant Act (and there is a similar provision in the separate Act that governs mobile home lot space tenants), a landlord may not retaliate by increasing rent or decreasing services or by bringing or threatening to bring an action for possession of the dwelling after: 1. The tenant has complained to a governmental agency charged with enforcing building or housing codes materially affecting health and safety; 2. The tenant has complained to the landlord about a violation by the landlord under A.R.S. 33-1324 (which requires the landlord to “maintain fit premises”); or 3. The tenant has organized or become a member of a tenants’ union or similar organization (A.R.S 33-1381(A)). If and when a landlord retaliates in this way, the tenant may go to court to recover possession of the dwelling (if the landlord has retaken possession) as well as an amount equal to two months’ rent or twice the actual monetary damages sustained by the tenant due to the landlord’s retaliation, whichever is greater (A.R.S 33-1371(B)). It is important to note that the Act also states that “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. ‘Presumption’ ... means that the [judge or jury] must find the existence of the fact presumed unless and until evidence is introduced which would support a finding of its nonexistence.”