Ariz. Rev. Stat. § 33-1365
Landlord's noncompliance as defense to action for possession or rent; definition
Operative Text
A. 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 chapter, the tenant may counterclaim for any amount which he may recover under the rental agreement or this chapter. 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. B. In an action for rent where the tenant is not in possession, the tenant may counterclaim as provided in subsection A but the tenant is not required to pay any rent into court.
Under A.R.S. § 33-1365, when a landlord sues a tenant for unpaid rent or for eviction based on nonpayment, the tenant is permitted to raise the landlord's own noncompliance with the rental agreement or Arizona's residential landlord-tenant law as a counterclaim. A court may order the tenant to deposit disputed rent into court while the case proceeds, then calculate what each side owes the other and distribute the funds accordingly. If the tenant's counterclaim offsets all rent owed, or if the tenant acted in good faith and satisfies any remaining judgment, the eviction action may be resolved in the tenant's favor.
Plain English — not legal advice.
Property owners and managers operating under A.R.S. § 33-1365 should be aware that their own compliance status with the rental agreement and Arizona's landlord-tenant statutes becomes directly relevant in any eviction or rent-collection proceeding. A compliant operator generally keeps maintenance, habitability, and lease obligations current so that no counterclaim basis exists when pursuing a nonpayment action. Maintaining thorough records of repairs completed, notices sent, and lease terms honored helps demonstrate compliance if a counterclaim is raised in court.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
A.R.S. § 33-1365 gives tenants a recognized legal tool to raise a landlord's noncompliance with the lease or Arizona law as a counterclaim in an eviction or rent-collection case, potentially reducing or eliminating the amount a court finds due. Tenants who are still in possession may be asked by the court to pay some or all of the undisputed rent into court while the matter is resolved, so understanding that procedural step is important. Tenants facing such actions may benefit from contacting a local tenant-rights organization or legal aid office to understand how this provision might apply to their circumstances.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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