When someone is facing domestic violence or serious harassment in Arizona, the law offers several overlapping—but very different—legal paths for protection. This post breaks down the key distinctions between the Arizona Residential Landlord and Tenant Act (specifically A.R.S. § 33-1318), Orders of Protection, and Injunctions Against Harassment. We discuss how each affects your rights as a tenant or landlord.
The Right to Terminate a Lease under A.R.S. § 33-1318
Arizona law allows a tenant who is the victim of domestic violence to terminate their lease early without penalty.
What’s Required?
To legally break a lease under A.R.S. § 33-1318, the tenant must:
- Provide written notice to the landlord requesting release from the lease,
- Include documentation proving the domestic violence, such as:
- A copy of a protective order (OP),
- Police reports, or
- Court documentation involving the incident.
- Show that the conduct occurred within the 30 days immediately prior to the notice.
If these conditions are met, the lease will terminate on a mutually agreed-upon date within 30 days. The tenant may also request a lock change at their own expense.
Who Qualifies?
This protection applies only to the victim, not the alleged perpetrator. However, the perpetrator may be held financially liable for any unpaid rent or lease break fees.
Protective Orders vs. Injunctions: What’s the Difference?
Both tools can support a lease termination request—but they have different legal standards and uses.
🔒 Order of Protection (OP)
- Relationship Required: Must be a family, household, or intimate relationship (roommate, ex-partner, spouse, sibling, etc.)
- Basis: Requires just one act of domestic violence, such as harassment, threats, assault, or trespass.
- Effect: Can grant exclusive possession of the home and prohibit contact.
🚫 Injunction Against Harassment (IAH)
- No Special Relationship Required: Used when the other person is a neighbor, coworker, or acquaintance.
- Basis: Must show at least two acts of harassment in the past year.
- Effect: Prohibits contact but does not remove someone from a shared home or affect lease status unless they voluntarily move.
⚠️ Definition of Harassment
Under A.R.S. § 12-1809, harassment means a series of acts over time that are directed at a specific person and serve no legitimate purpose, such as:
- Repeated unwanted contact (texts, calls, showing up at your home or work)
- Following or stalking
- Threats, verbal abuse, or intimidation
- Vandalism or property damage
- Surveillance without consent
- Disrupting the peace or quiet of another person
What is harassment:
- A roommate repeatedly calling and texting after being told to stop
- A neighbor leaving angry, threatening notes on your door more than once
- Someone showing up at your workplace uninvited and refusing to leave
What is not harassment:
- One argument or rude comment
- Lawful service of court papers
- Reasonable communication to resolve a shared legal or financial issue
Courts typically look for a pattern—two or more separate incidents—that show intent to disturb, intimidate, or coerce. Emotional upset alone is not enough; the conduct must be both unwanted and lacking a valid purpose. a series of acts over time that are directed at a specific person and serve no legitimate purpose, such as:
- Repeated unwanted contact,
- Following/stalking,
- Threats or intimidation,
- Disturbing the peace.
What if You Want Someone Else Removed from the Home?
Whether you’re the primary tenant or a landlord, your strategy depends on the other party’s legal relationship to the lease:
If You Are a Tenant:
- And the abuser is your roommate (on the lease):
- Get an Order of Protection and request exclusive possession.
- File for eviction under A.R.S. § 33-1368(A) based on health and safety violations.
- And the abuser is a subtenant or not on the lease:
- You may remove them more easily via an Order of Protection or a notice to vacate.
- Use caution—legal advice is essential if you want law enforcement backup.
- And you’re the victim and need out:
- Follow the A.R.S. § 33-1318 process and submit required proof to your landlord.
If You Are the Landlord:
- A tenant has obtained an OP:
- You must release the victim from the lease without penalty if requested.
- You must change the locks upon request (at their expense).
- Other tenants remain:
- The lease terminates for the victim, but the offender tenant is not released from the lease.
- You want to remove the perpetrator:
- You may serve a 5-Day Notice to Cure Health/Safety Violation or seek an emergency eviction if their conduct rises to serious danger.
How to Obtain a Protective Order or Injunction
Protective Orders and Injunctions can be requested:
- Online via azcourthelp.org, or
- In person at most Justice Courts or Municipal Courts statewide.
The court typically acts the same day, and law enforcement will serve the order without charge.
Summary: Which Path Is Right for You?
SituationLegal ToolResultVictim wants out of leaseA.R.S. § 33-1318 + proof of domestic violenceLease termination without penaltyRoommate threatens safetyOrder of Protection (OP)Exclusive possession, criminal penalties for contactHarassed by neighbor/co-workerInjunction Against Harassment (IAH)Contact prohibited, no change to leaseNeed to evict violent tenant5-Day Notice + Eviction FilingLegal removal of tenant by constable
Tucker Law PC Can Help
Whether you're a tenant facing violence or a landlord navigating a dangerous tenancy, the legal landscape is full of traps. At Tucker Law PC, we understand both the human stakes and the letter of Arizona law.
We help:
- Tenants assert their rights to leave a lease safely,
- Roommates regain control of unsafe living situations,
- Landlords remove disruptive or dangerous occupants lawfully.
Reach out today if you're facing any of these complex scenarios. We’re here to guide you to safety—and certainty.
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