Arizona Revised Statutes
Ariz. Rev. Stat. § 33-1367 (2026)
Tenant's remedies for landlord's unlawful ouster, exclusion or diminution of services
✓ current as of May 2026
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If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interruption of electric, gas, water or other essential service to the tenant, the tenant may recover possession or terminate the rental agreement and, in either case, recover an amount not more than two months' periodic rent or twice the actual damages sustained by him, whichever is greater. If the rental agreement is terminated the landlord shall return all security recoverable under section 33-1321.
Notes of Decisions
Cited in 11
cases (3 in the last 5 years), 1978–2022 · leading case: Schaefer v. Murphey, 640 P.2d 857 (Ariz. 1982).
Schaefer v. Murphey, 640 P.2d 857 (Ariz. 1982). “$624 for unlawful ouster in violation of A.R.S. § 33-1367. Landlord filed a notice of appeal from the portion of the judgment in favor of Tenant.”
Hale v. Morgan, 584 P.2d 512 (Cal. 1978). “210]; Arizona [ Ariz. Rev. Stat. Ann. § 33-1367 ]; Connecticut [Conn.”
Thomas v. Goudreault, 786 P.2d 1010 (Ariz. Ct. App. 1989). “The court also awarded retaliatory damages of $2,050 pursuant to A.R.S. §§ 33-1367 and 33-1381, attorney’s fees in the amount of $10,000 and taxable costs to the Thomases.”
Mead, Samuel & Co., Inc. v. Dyar, 622 P.2d 512 (Ariz. Ct. App. 1980). “A.R.S. § 33-1367 provides remedies to the tenant for unlawful ouster by the landlord, as follows: “If the landlord unlawfully removes or excludes the tenant from the premises or wilfully diminishes services to the tenant by interrupting or causing the interrup *570 tion of…”
Van Buren Apts. v. Adams, 701 P.2d 583 (Ariz. Ct. App. 1984). “If the landlord acts in violation of subsection A of this section, the tenant is entitled to the remedies provided in § 33-1367 and has a defense in action against him for possession.”
M2 Real Solutions v. Perry (Ariz. Ct. App. 2018). “See A.R.S. § 33-1367 (2018). The court awarded M2 the return of its security deposit, prorated rent for the remainder of December 2014 and double damages under A.”
Bollfrass v. Phoenix, City of (D. Ariz. 2022). “24 25 If a landlord violates § 33-1381(A) by engaging in retaliatory conduct against the 26 tenant, the tenant may be entitled to the remedies enumerated in A.R.S. § 33-1367 (the 27 14 A.R.S. § 33-1324 provides, among other things, that the landlord shall comply with the…”
Bollfrass v. Phoenix, City of (D. Ariz. 2020). “11 If a landlord violates § 33-1381(A) by engaging in retaliatory conduct against the 12 tenant, the tenant is entitled to the remedies enumerated in A.R.S. § 33-1367 (the “remedies 13 statute”).”
Nandlal v. Oregon Cascade Props. LLC (D. Ariz. 2021). “18), 5 and A.R.S. § 33-1367 (tenant’s remedies for landlord’s unlawful ouster).”
Phelps Dodge Corp. v. Galvez, 703 P.2d 1218 (Ariz. Ct. App. 1985). “If the landlord acts in violation of subsection A of this section, the tenant is entitled to the remedies provided in § 33-1367 and has a defense in action against him for possession.”
Nat'l Equity v. Mwm Forever (Ariz. Ct. App. 2021). “section 33-1367. ¶4 When defendants failed to plead or otherwise timely defend, plaintiffs applied for entry of default.”
— Ariz. Rev. Stat. § 33-1367(B) — 1 case
Bollfrass v. Phoenix, City of (D. Ariz. 2020). “11 If a landlord violates § 33-1381(A) by engaging in retaliatory conduct against the 12 tenant, the tenant is entitled to the remedies enumerated in A.R.S. § 33-1367 (the “remedies 13 statute”).”
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