Ariz. Rev. Stat. § 33-1408

Jurisdiction and service of process; recovery of attorney fees; treble damages

In Force
Verified 10/12/2026 · Next check 10/19/2026
effective 10/9/2026ArizonaEviction & Just Cause

Operative Text

Ariz. Rev. Stat. § 33-1408
A. The appropriate court of this state may exercise jurisdiction over any landlord or tenant with respect to any conduct in this state governed by this chapter or with respect to any claim arising from a transaction subject to this chapter. In addition to any other method provided by rule or by statute, personal jurisdiction over a landlord may be acquired in a civil action or proceeding instituted in the appropriate court by the service of process in the manner provided by this section.

B. If a landlord is not a resident of this state or is a legal entity not authorized to do business in this state and engages in any conduct in this state governed by this chapter, or engages in a transaction subject to this chapter, the landlord shall designate an agent upon whom service of process may be made in this state. The agent shall be a resident of this state or a legal entity authorized to do business in this state. The designation shall be in writing and filed with the secretary of state. If no designation is made and filed or if process cannot be served in this state upon the designated agent, process may be served upon the secretary of state, but the plaintiff or petitioner shall forthwith mail a copy of this process and pleading by certified mail to the defendant or respondent at his last reasonably ascertained address. If there is no last reasonably ascertainable address and if the defendant or respondent has not complied with section 33-1432, subsections A and B, service upon the secretary of state shall be sufficient service of process without the mailing of copies to the defendant or respondent. Service of process shall be deemed complete and the time shall begin to run for the purposes of this section at the time of service upon the secretary of state. The defendant shall appear and answer within thirty days after completion thereof in the manner and under the same penalty as if he had been personally served with the summons. An affidavit of compliance with this section shall be filed with the clerk of the court on or before the return day of the process, if any, or within any further time the court allows. Where applicable, the affidavit shall contain a statement that the defendant or respondent has not complied with section 33-1432, subsections A and B or the affiant could not ascertain compliance by inquiry directed to the secretary of state.

C. In any contested action arising out of an agreement entered into pursuant to this chapter or for violation of any provisions of this chapter, the court may award the successful party reasonable attorney's fees. The award of reasonable attorney's fees shall be made to mitigate the burden of the expense of litigation to establish a just claim or a just defense. The award need not equal or relate to the attorney's fees actually paid or contracted and may not exceed the amount paid or agreed to be paid. Reasonable attorney's fees shall be awarded by the court upon clear and convincing evidence that the claim or defense constitutes harassment, is groundless and is not made in good faith. In making such award, the court may consider such evidence as it deems appropriate and shall receive such evidence during trial on the merits of the cause, or separately, regarding the amount of such fees as it deems in the best interest of the parties.

D. Treble damages may be awarded by the court in any contested action arising under this chapter upon clear and convincing evidence that the claim or defense constitutes harassment, is groundless and is not made in good faith. In making such award, the court may consider such evidence as it deems appropriate and shall receive this evidence during trial on the merits of the case, or separately. If the action is brought in justice court and a party intends to request treble damages, the party shall file with the justice court a pleading stating that treble damages are sought and that the justice court may lawfully award treble damages within the court's jurisdiction of civil actions. In the absence of such pleading, the justice of the peace may not award treble damages. If an opposing party files a verified pleading alleging that with treble damages the amount involved is potentially in excess of the justice court's jurisdiction of civil actions, the provisions of section 22-201, subsection G shall apply.
Source: Legislative text reproduced verbatim
Plain English

A.R.S. § 33-1408 establishes that Arizona courts have jurisdiction over landlords and tenants for disputes arising under the state's residential landlord-tenant chapter, regardless of where the landlord is physically located. Out-of-state or unregistered landlords must designate an in-state agent for service of process, with the Secretary of State serving as a fallback if no agent is designated. Courts may also award reasonable attorney's fees to the winning party in contested actions, and may impose treble damages when a claim or defense is shown by clear and convincing evidence to be harassing, groundless, and not made in good faith.

Written by anthropic/claude-sonnet-4.6 · Reviewed on October 14, 2026

Plain English — not legal advice.

For Property Managers

Under A.R.S. § 33-1408, landlords who operate in Arizona but are based out of state or are not authorized to do business here are generally expected to file a written designation of an in-state agent for service of process with the Secretary of State. Compliant operators keep that designation current so that legal notices can be properly received. Landlords should also be aware that courts may award attorney's fees or treble damages against a party whose claims or defenses are found to be harassing, groundless, and not made in good faith.

General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.

For Tenants

A.R.S. § 33-1408 means that an out-of-state landlord cannot avoid Arizona court jurisdiction simply by being located elsewhere, and tenants can still serve process through the Secretary of State if no agent is designated. In contested actions, courts may award attorney's fees to the prevailing party, and treble damages are available when a claim or defense is proven harassing and groundless. Tenants who believe these provisions are relevant to their situation may consult a tenant-rights organization or legal aid office for general guidance.

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.

Effective Timeline

Current
Oct 9, 2026
Click on timeline segments to view historical versions.

References Out

Rules and statutes cited by this regulation

A.R.S. § 33-1432
Not yet ingested
A.R.S. § 22-201
Not yet ingested

References In

No inbound references recorded yet for this provision.

Related Rules

§ 151.20
TEMPORARY EVICTION CONTROLS AND RENT REDUCTIONS FOR MOBILE HOMES DAMAGED IN THE JANUARY, 1994 EARTHQUAKE
§ 1
Definitions
§ 2
Eviction of tenants prohibited; exceptions

Source Information

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