I Live in Arizona: Is My Landlord Responsible For Keeping Our Air Conditioner Running?

Arizona Statues Concerning Landlords and Air Conditioner Repairs

Landlord responsibilities is a common question among Arizona renters. With the current Phoenix temperatures hitting triple digits, the primary issue turns toward home cooling and the associated air conditioner equipment. So what do you do when the summer is unbearably hot, your air conditioning system is broken, and the landlord refuses to remedy the problem?

Is it legal for your landlord to put the cost of air conditioner repair back on you as the renter?

The Answers as Worded By Law

The following information is taken from the website of the Arizona State Legislature. For the sake of copyright laws and space limitations, the content herein is condensed to meet the needs of a brief understanding of (Az. Rev. Stat. § 33-1324(a)(4).

As with any legal information and activities, please consult an authorized and state licensed attorney before proceeding with any type of legal process.

From Arizona § 33-1324 (a), a landlord is required to:

* 1) Comply with current building health codes and safety codes

* 2) Make repairs as necessary to ensure that a rented premise is fit for habitation

* 3) Maintain a safe premise with procedures that ensure a clean environment

* 4) “Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him”

* 5) Maintain adequate rubbish and waste disposal processes and equipment

* 6) Supply reliable and reasonable quantities of running water, “reasonable heat and reasonable air-conditioning or cooling” when offered as a component of the rental unit or as demanded by seasonal weather conditions.

Section six goes on to detail exceptions for air conditioning, cooling equipment and hot water supply sources that are in the exclusive control of the presiding tenant or of a public utility company. Further exceptions are included in sections (b), (c) and (d) of the statute. See full details at:http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01324.htm&Title=33&DocType=ARS.

Your Options Under Arizona Law

When a landlord refuses to react to a necessary and required air conditioner repair task, Arizona law may establish a situation which identifies the rented unit as “unfit” for habitation. As such, the renter, you, may pursue any of the following remedies:

* Repair and Deduct – See (Az. Rev. Stat. § 33-1363)

* Withhold Rent – See (Az. Rev. Stat. § 33-1365)

* Temporarily Move Out – See (Az. Rev. Stat. § 33-1364)

* Permanently Move Out – If a landlord fails to keep rental property in a status that is “fit for habitation,” tenants have the right to move out without facing any responsibility for future rent.

To Summarize the Full Document

Unless the landlord and the tenant of a single family dwelling agree in writing prior to a condition of disrepair, the landlord is typically deemed responsible for maintaining adequate building-related heating, air conditioning and other components that constitute the building’s fitness for habituation. In general, if a rented building’s roofing structure, plumbing system, electrical wiring and outlet components, heating equipment or air conditioner system fails due to normal wear and tear, the landlord is required to correct the issue.

In practice: Contact a local attorney.