questions & answers

Question: My landlord gave me a 10 day notice to cure the "problem"and the very next day I hired a lawyer because it was a made up story she put on it. The same day I hired the lawyer I get a non renewal of lease 60 day notice. Would this be considered retaliation.

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 may wish to consult with a lawyer.