Escaping the lease: domestic violence, protective orders, and tenant rights

Arizona law gives victims of domestic violence overlapping — but very different — legal paths to safety. Here is how A.R.S. § 33-1318, orders of protection, and injunctions against harassment differ, and what each means for landlords and tenants.

Terminating a lease under A.R.S. § 33-1318

A tenant who is the victim of domestic violence may terminate their lease early without penalty. To do so, the tenant must:

• Give written notice to the landlord requesting release from the lease
• Include documentation of the domestic violence — a copy of a protective order, police reports, or court documentation
• Show the conduct occurred within the 30 days immediately before the notice

If those conditions are met, the lease terminates on a mutually agreed date within 30 days. The tenant may also request a lock change at their own expense.

This protection applies to the victim, not the alleged perpetrator — and the perpetrator may remain financially liable for unpaid rent or lease-break fees.

Protective orders vs. injunctions

Order of protection

• Relationship required: family, household, or intimate relationship — roommate, ex-partner, spouse, sibling
• Basis: a single 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

• No special relationship required — used for a neighbour, coworker, or acquaintance
• Basis: at least two acts of harassment in the past year
• Effect: prohibits contact, but does not remove someone from a shared home or change lease status

What counts as harassment

Under A.R.S. § 12-1809, harassment means a series of acts directed at a specific person that serve no legitimate purpose — repeated unwanted contact, following or stalking, threats or intimidation, vandalism, surveillance without consent, or disturbing another person’s peace.

Is harassment: a roommate repeatedly calling and texting after being told to stop; a neighbour leaving threatening notes more than once; someone showing up at your workplace uninvited and refusing to leave.

Is not harassment: a single argument or rude comment; lawful service of court papers; reasonable communication to resolve a shared legal or financial issue.

Courts look for a pattern — two or more separate incidents showing intent to disturb, intimidate, or coerce. Emotional upset alone is not enough; the conduct must be both unwanted and without legitimate purpose.

If you are the landlord

• A tenant obtains an order of protection: you must release the victim from the lease without penalty on request, and change the locks on request at their expense.
• Other tenants remain: the lease terminates for the victim; the offending tenant is not released from it.
• Removing the perpetrator: you may serve a 5-day notice to cure a health and safety violation, or seek an emergency eviction if the conduct rises to serious danger.

How to obtain an order

Protective orders and injunctions can be requested online at azcourthelp.org, or in person at most justice and municipal courts statewide. Courts typically act the same day, and law enforcement serves the order without charge.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Landlord-tenant laws are complex and this information may not cover every aspect of your situation. Consult a qualified attorney about your individual circumstances.