- The tenant paid rent in full and on time (provide proof of payment to the court).
- The landlord accepted rent, or a portion of rent with knowledge of a default by the tenant and did not obtain a writing signed by the tenant at the time of accepting rent informing the terms and conditions of accepting the rent. (ARS § 33-1371, RPEA 13(a)(4).) This defense applies even if part of the rent is paid by a third party unless the third party has a contract with the landlord and is a government agency, housing authority, agent for government agency/housing authority, or agent of a for-profit organization. However, the defense does apply if the third party is a faith-based organization, community action agency, non-profit, friend, family member, or anyone else.
- The tenant made repairs to the unit after notifying the landlord that they would do so at the landlord’s expense, gave the landlord an opportunity to make repairs, tenant hired a licensed contractor to perform the work, tenant provided a lien waiver signed by the contractor, proof of payment for those items, and list of work performed to the landlord, and subtracted the actual and reasonable costs of the work from the rent due (up to $300.00 or half the monthly rent, whichever is greater). (ARS § 33-1363.)
- The tenant does not pay rent or pays less than what the landlord is claiming because the tenant is in subsidized housing – see Legal Info Sheet: Eviction Actions: Section 8 (Section 8, tax credit, etc.).
