Tenant's Answer to Complaint for Special Detainer (Eviction) — Arizona

TENANT'S ANSWER TO COMPLAINT FOR SPECIAL DETAINER — ARIZONA

Pursuant to A.R.S. § 33-1377 and Arizona Rules of Procedure for Eviction Actions

TABLE OF CONTENTS

1. Caption
2. Identification of Tenant / Defendant
3. General Denial and Demand for Strict Proof
4. Specific Admissions, Denials, and Statements of Insufficient Knowledge
5. Affirmative Defenses
6. Counterclaims
7. Demand for Jury Trial
8. Request for Sealing of Eviction Record
9. Prayer for Relief
10. Verification
11. Signature Block
12. Certificate of Service
13. Application for Fee Waiver / Deferral
14. Tenant Practice Notes
15. Sources and References

1. CAPTION

IN THE JUSTICE COURT OF THE STATE OF ARIZONA

[___________________________] PRECINCT, [___________________________] COUNTY

CASE NO. [________________________________]

TENANT'S ANSWER TO COMPLAINT FOR SPECIAL DETAINER, AFFIRMATIVE DEFENSES, AND COUNTERCLAIMS

Trial Date: [__/__/____] at [__:__ a.m./p.m.]

2. IDENTIFICATION OF TENANT / DEFENDANT

2.1 Tenant [DEFENDANT NAME] answers Plaintiff's Complaint for Special Detainer as follows.

2.2 Tenant resides at [__________________________], [CITY], [COUNTY] County, Arizona [ZIP] (the "Premises").

2.3 Tenant's contact information for service:

3. GENERAL DENIAL AND DEMAND FOR STRICT PROOF

Tenant denies each and every allegation of the Complaint not specifically admitted below and demands strict proof thereof. Tenant denies that Plaintiff is entitled to restitution of the Premises, to a judgment for damages, or to attorney's fees or costs.

4. SPECIFIC ADMISSIONS, DENIALS, AND STATEMENTS OF INSUFFICIENT KNOWLEDGE

5. AFFIRMATIVE DEFENSES

Tenant pleads the following affirmative defenses (check all that apply and provide supporting facts):

5.1 Defective Notice — A.R.S. §§ 33-1368, 33-1375

☐ The pre-suit notice was not properly served (e.g., not personally served, not certified mail, no posting + mailing).
☐ The pre-suit notice did not state the proper cure / vacate period (5/10/30 days as applicable).
☐ The pre-suit notice did not specify the acts and omissions constituting the breach with sufficient particularity for tenant to identify and cure.
☐ The pre-suit notice demanded sums not authorized as "rent" or "reasonable late fees" under the written rental agreement.
☐ The Complaint was filed before the cure / vacate period expired.
☐ Other defect: [__________________________].

Supporting facts: [____________________________________________________________].

5.2 Payment / Reinstatement — A.R.S. § 33-1368(B)

☐ Tenant paid the rent demanded in the 5-day notice in full within the 5-day period.
☐ Tenant tendered all past-due rent, reasonable late fees, attorney's fees, and court costs to reinstate after filing.
☐ Landlord refused a tendered timely cure.

Supporting facts: [____________________________________________________________].

5.3 Acceptance of Partial Payment — A.R.S. § 33-1368(B)

☐ Landlord accepted a partial payment from tenant during or after the 5-day period without a contemporaneous written partial-payment agreement permitting suit, thereby waiving the right to file for the rental period in question.

Supporting facts (date / amount / form of payment): [____________________________].

5.4 Breach of Warranty of Habitability — A.R.S. § 33-1324

☐ Landlord failed to maintain the Premises in fit and habitable condition (specify condition: [______________]).
☐ Tenant gave written notice of the defect on [__/__/____] and the landlord failed to remedy within a reasonable time.
☐ Tenant elected statutory remedies under §§ 33-1361, 33-1363, 33-1364 (repair-and-deduct, rent abatement, etc.) and the alleged "rent" arrearage represents lawfully withheld or deducted amounts.

Supporting facts: [____________________________________________________________].

5.5 Retaliation — A.R.S. § 33-1381

☐ The landlord brought this action within six months after tenant complained to a code-enforcement agency, complained to the landlord regarding habitability, organized or joined a tenant union, or exercised a right under ARLTA. A presumption of retaliation arises under § 33-1381(B).

Date and nature of protected activity: [____________________________].

5.6 Self-Help Eviction — A.R.S. § 33-1367

☐ The landlord engaged in self-help conduct (lockout, utility shutoff, removal of doors/windows, harassment, removal of tenant's possessions) that bars or limits the present action and entitles tenant to damages.

Supporting facts (dates / acts): [____________________________________________].

5.7 Discrimination — Fair Housing Act and Arizona Civil Rights Act

☐ The eviction is motivated by tenant's race, color, religion, national origin, sex (including gender identity, sexual orientation), familial status, disability, ancestry, or other protected class.
☐ Within the City of Phoenix or Tucson, the eviction is motivated by tenant's lawful source of income (e.g., Section 8 voucher, SSI/SSDI).
☐ Tenant requested a reasonable accommodation under FHA / § 504 Rehabilitation Act and the request was denied.

Supporting facts: [____________________________________________________________].

5.8 VAWA — 34 U.S.C. § 12491 (covered housing)

☐ The Premises is covered housing within the meaning of VAWA, and the eviction is based on or connected to acts of domestic violence, sexual assault, dating violence, or stalking against the tenant.

5.9 Servicemembers Civil Relief Act — 50 U.S.C. § 3901 et seq.

☐ Tenant is on active duty and seeks a stay of these proceedings under 50 U.S.C. § 3931 / § 3932.

5.10 CARES Act — 15 U.S.C. § 9058(c)

☐ The Premises is subject to a federally backed mortgage or covered federal housing program. Plaintiff failed to provide the required 30-day notice to vacate.

5.11 Federal Good-Cause Requirement

☐ The Premises is Section 8, public housing, project-based, LIHTC, USDA, or other covered program housing, and landlord failed to satisfy federal good-cause and notice requirements (24 C.F.R. § 247.3, § 982.310, § 880.607, IRC § 42).

5.12 Improper Forum / Venue / Jurisdiction

☐ Wrong precinct or court for the location of the Premises.
☐ Amount in controversy exceeds Justice Court jurisdiction.

5.13 Lack of Standing / Improper Plaintiff

☐ Plaintiff is not the owner of record, is not a properly authorized agent, or has no contractual privity with tenant.

5.14 Abandonment / Premature Filing — A.R.S. § 33-1370

☐ Landlord declared the Premises abandoned and retook possession without complying with the 5-day notice/posting requirements of § 33-1370.

5.15 Domestic Violence Early Termination — A.R.S. § 33-1318

☐ Tenant lawfully terminated the tenancy as a survivor of domestic violence under § 33-1318 with required documentation; alleged "hold-over" or remaining rent is not chargeable.

5.16 Estoppel / Waiver / Accord and Satisfaction

☐ Landlord waived the breach by accepting rent after notice without an anti-waiver clause; or accepted payment in full satisfaction.

5.17 Other Defenses

☐ [____________________________________________________________].

6. COUNTERCLAIMS

Tenant asserts the following counterclaims against Plaintiff:

6.1 Counterclaim I — Breach of Warranty of Habitability and ARLTA (A.R.S. §§ 33-1324, 33-1361, 33-1363)

6.1.1 The Premises has suffered the following habitability defects on the dates indicated:

6.1.2 Tenant gave written notice and the landlord failed to remedy within a reasonable time. Tenant claims rent abatement, repair-and-deduct credit, and consequential damages totaling $[__________].

6.2 Counterclaim II — Self-Help Eviction (A.R.S. § 33-1367)

6.2.1 Landlord engaged in unlawful self-help conduct on [__/__/____] by [______________].

6.2.2 Tenant claims actual damages and statutory damages of two months' periodic rent or twice actual damages, whichever is greater (§ 33-1367), totaling $[__________].

6.3 Counterclaim III — Retaliation (A.R.S. § 33-1381)

6.3.1 Landlord retaliated against tenant for protected activity. Tenant claims damages, fees, and costs.

6.4 Counterclaim IV — Wrongful Withholding of Security Deposit (A.R.S. § 33-1321)

6.4.1 Landlord has held tenant's security deposit of $[__________] and prepaid rent of $[__________] and has not properly accounted, notwithstanding the duty to do so within 14 business days after termination (§ 33-1321(D)).

6.4.2 Tenant claims twice the amount wrongfully withheld plus actual damages (§ 33-1321(E)).

6.5 Counterclaim V — Fair Housing / Civil Rights

6.5.1 Landlord's conduct violates the federal Fair Housing Act, 42 U.S.C. § 3601 et seq., the Arizona Civil Rights Act, A.R.S. § 41-1491.14, and (if applicable) the Phoenix or Tucson source-of-income ordinances.

6.5.2 Tenant claims actual damages, statutory damages, civil penalties, and attorney's fees.

6.6 Counterclaim VI — Other

6.6.1 [____________________________________________________________].

7. DEMAND FOR JURY TRIAL

☐ Tenant demands trial by jury on all issues so triable, pursuant to Ariz. Const. art. II § 23 and Arizona Rules of Procedure for Eviction Actions Rule 9. Tenant has tendered the jury fee with this Answer (or applies for waiver as set forth in Section 13).

☐ Tenant waives jury trial.

8. REQUEST FOR SEALING OF EVICTION RECORD

Pursuant to A.R.S. § 33-1379, in the event this case is dismissed, judgment is entered in tenant's favor, or the parties enter a stipulated judgment so providing, tenant requests that the Court enter an order sealing the case file from public access and from tenant-screening company access.

☐ Tenant requests sealing in the event of dismissal or judgment in tenant's favor.

9. PRAYER FOR RELIEF

WHEREFORE, Tenant prays that the Court enter judgment as follows:

A. Dismissing Plaintiff's Complaint with prejudice;
B. Denying Plaintiff restitution of the Premises;
C. Awarding Tenant on the counterclaims actual damages of $[__________], statutory damages, and civil penalties;
D. Awarding Tenant reasonable attorney's fees pursuant to A.R.S. § 12-341.01, A.R.S. § 33-1368, and any applicable federal civil-rights statute (42 U.S.C. § 3613, 42 U.S.C. § 1988);
E. Awarding Tenant court costs;
F. Sealing this matter pursuant to A.R.S. § 33-1379; and
G. Granting such other and further relief as the Court deems just and proper.

10. VERIFICATION

I, [__________________________], declare under penalty of perjury under the laws of the State of Arizona that I am the Defendant/Tenant, that I have read the foregoing Answer, Affirmative Defenses, and Counterclaims, and that the matters stated herein are true and correct to the best of my knowledge, information, and belief.

11. SIGNATURE BLOCK

12. CERTIFICATE OF SERVICE

I certify that on [__/__/____] I served a true and correct copy of the foregoing Tenant's Answer on Plaintiff (or counsel of record) by:

☐ Hand delivery to: [__________________________]
☐ U.S. Mail, postage prepaid, to: [__________________________]
☐ Email (with consent of recipient) to: [__________________________]
☐ Court electronic filing system

13. APPLICATION FOR FEE WAIVER / DEFERRAL

(Complete if tenant cannot afford the answer fee.)

☐ Tenant applies for a waiver or deferral of the answer fee under A.R.S. § 12-302 and submits the Application for Deferral or Waiver of Court Fees and Costs (form available from the Justice Court clerk).

14. TENANT PRACTICE NOTES

1. Trial speed. A.R.S. § 33-1377(B): trial is set 3–6 days after summons; under § 33-1377(E): within 3 days for material & irreparable claims. Bring all evidence to the first appearance.
2. Postponement. § 33-1377(C): the court may postpone trial up to 3 days in Justice Court (5 days in Superior Court) for good cause supported by affidavit. Common grounds: counsel unavailable, witness subpoena needed, settlement progress.
3. Reinstatement. § 33-1368(B): even after suit, the tenant may reinstate by paying ALL past-due rent + reasonable late fees + attorney's fees + court costs. Get the landlord's statement of total in writing. Pay by certified funds and obtain a written acknowledgement and stipulated dismissal.
4. Stipulated agreements. Many evictions resolve by stipulation (vacate by date, payment plan, dismissal). Negotiate for: dismissal without prejudice; sealing under § 33-1379; no money judgment; cap on attorney's fees; reasonable vacate timeline.
5. Writ of restitution. § 12-1178: writ issues 5 calendar days after judgment (12–24 hours for material & irreparable). Constable serves the writ and typically gives 24 hours to vacate. Plan for storage of belongings; § 33-1370 governs the landlord's handling of property left behind.
6. Appeal. RPEA 17: notice of appeal must be filed within 5 calendar days of judgment. A supersedeas bond is required to stay the writ.
7. Sealing. § 33-1379 lets the tenant move to seal the file in dismissal or judgment-for-tenant cases. This protects future rental applications because tenant-screening reports key off Justice Court records.
8. Confidentiality of address. Survivors of domestic violence may use the Arizona Address Confidentiality Program (A.R.S. § 41-161 et seq.) — do not list a confidential address in this Answer; use the substitute address provided by the AG's office.
9. Free legal help. Community Legal Services (communitylegalaz.org), Southern Arizona Legal Aid (sazlegalaid.org), DNA-People's Legal Services (dnalegalservices.org), Arizona Court Help (azcourthelp.org), Phoenix Tenants Union, and Wildfire Tenant Assistance.
10. Federal coverage. If the property has a federally backed mortgage or is in a federal program, additional notice and good-cause defenses apply. Use the NLIHC CARES Act lookup: https://nlihc.org/research/cares-act-eviction-protections.

15. SOURCES AND REFERENCES

• A.R.S. § 33-1377, Special detainer actions: https://www.azleg.gov/ars/33/01377.htm
• A.R.S. § 33-1368, Noncompliance with rental agreement: https://www.azleg.gov/ars/33/01368.htm
• A.R.S. § 33-1375, Periodic tenancy; hold-over remedies: https://www.azleg.gov/ars/33/01375.htm
• A.R.S. § 33-1324, Landlord to maintain fit premises: https://www.azleg.gov/ars/33/01324.htm
• A.R.S. § 33-1361, § 33-1363, § 33-1364, Tenant remedies: https://www.azleg.gov/arsDetail/?title=33
• A.R.S. § 33-1367, Tenant remedies for unlawful ouster: https://www.azleg.gov/ars/33/01367.htm
• A.R.S. § 33-1370, Abandonment: https://www.azleg.gov/ars/33/01370.htm
• A.R.S. § 33-1381, Retaliation: https://www.azleg.gov/ars/33/01381.htm
• A.R.S. § 33-1321, Security deposits: https://www.azleg.gov/ars/33/01321.htm
• A.R.S. § 33-1318, Domestic violence early termination: https://www.azleg.gov/ars/33/01318.htm
• A.R.S. § 33-1379, Eviction action; sealed records: https://law.justia.com/codes/arizona/title-33/section-33-1379/
• A.R.S. § 12-1178, Writ of restitution: https://www.azleg.gov/ars/12/01178.htm
• A.R.S. § 12-302, Fee waiver: https://www.azleg.gov/arsDetail/?title=12
• Arizona Rules of Procedure for Eviction Actions: https://www.azcourts.gov/rules
• Arizona Department of Housing — ARLTA: https://housing.az.gov/sites/default/files/2024-07/Landlord_Tenant_Act_May-2023_1.pdf
• AZ Court Help — Tenant Eviction Forms: https://azcourthelp.org/forms/eviction-forms/tenant-forms
• Community Legal Services: https://communitylegalaz.org
• Southern Arizona Legal Aid: https://www.sazlegalaid.org
• DNA-People's Legal Services: https://www.dnalegalservices.org
• Phoenix Tenants Union — Eviction Defenses: https://ptu.manneken.org/eviction-defenses-available-to-tenants-in-arizona/
• 42 U.S.C. § 3601 et seq. (Fair Housing Act): https://www.govinfo.gov/app/details/USCODE-2021-title42-chap45
• 34 U.S.C. § 12491 (VAWA — covered housing): https://www.govinfo.gov/app/details/USCODE-2018-title34
• 50 U.S.C. § 3901 et seq. (SCRA): https://www.govinfo.gov/app/details/USCODE-2021-title50
• 15 U.S.C. § 9058 (CARES Act): https://www.govinfo.gov/app/details/COMPS-15815
• Phoenix Source of Income Ordinance: https://www.phoenix.gov/administration/departments/housing/section-8-housing.html
• Tucson Source of Income Ordinance: https://www.swfhc.org/fair-housing-news/understanding-tucsons-source-of-income-protection-a-guide-for-residents-and-landlords

END OF ANSWER