Air Conditioning
Arizona law, A.R.S. § 33-1364, states that a landlord is required to supply access to:
- Running water (with a water heater),
- Gas and/or electric services,
- Heating unit, and
- Air conditioner or swamp cooling unit.
When the air conditioner in a rental property breaks, Arizona law outlines the rights of tenants to pursue remedies. The following are some commonly asked questions about a renter’s rights related to air conditioning in a rental property.
My air conditioning stopped working – what do I do?
If your air conditioner stops working, first check your rental agreement or lease to see what steps might be required to bring the problem to the landlord’s attention. This might include submitting a request for repair using the property manager’s system.
Be sure to keep a record of the date and time when the repair request was submitted.
If requests are submitted in person, ask for a signed “receipt” of the request from staff who took the request.
Can I stop paying rent while the air conditioner is not working?
No. A tenant may not withhold rent if the air conditioner is broken. Doing so, the tenant would likely be breaking their part of the lease or rental agreement.
Landlord/Tenant Options
I submitted a repair request to my landlord, but the air conditioning still does not work. What are my options?
If the tenant requests that their air conditioner be fixed, but the landlord delays fixing the unit, ignores the request, or refuses to fix the problem, the tenant may give the landlord a formal, written notice. This notice provides the landlord with a specific timeline for repair and informs the landlord of a tenant’s course of action.
If the tenant requests that their air conditioner be fixed, but the landlord delays fixing the unit, ignores the request, or refuses to fix the problem, the tenant may give the landlord a formal, written notice. This notice provides the landlord with a specific timeline for repair and informs the landlord of a tenant’s course of action.
Under Arizona law (A.R.S. § 33-1361), a tenant who provides written, formal notice to their landlord may:
1. Purchase Fans, a Portable Air Conditioning Unit, or Window Cooling Unit and Deduct the Reasonable Cost from the Rental Payment. A.R.S. § 33-1364(A)(1)
The tenant must provide specific, written notice to the landlord. The tenant should keep a copy of the original notice provided to the landlord.
If the requested repair is not made in a reasonable amount of time, the tenant may purchase items, such as fans, a portable air conditioner, or a window cooling unit.
The cost of the items must be “reasonable”.
A copy of the receipts from purchasing the items are provided to the landlord for reimbursement or deducted from the cost of the rental payment.
2. Obtain Substitute Housing Until Air Conditioning is Restored and Deduct the Cost from the Rental Payment. A.R.S. § 33- 1364(A)(3)
The tenant must provide specific, written notice to the landlord. The tenant should keep a copy of the original notice provided to the landlord.
If the landlord knows the tenant has violated the lease or rental agreement in any other way and accepts the partial payment, the landlord cannot lawfully file an eviction Complaint against the tenant on that basis either.
A.R.S. § 33-1371(C)
A.R.S. § 33-1371(C)
The tenant may deduct the cost of substitute housing from their rental payment and may recover up to another 25% of the rental amount if the substitute housing costs that much more than the usual monthly rental payment.
3. Hire Someone to Fix the Air Conditioner and Deduct Cost from the Rental Payment. A.R.S. §§ 33-1324, 1363(A)
The tenant must provide specific, written notice to the landlord. The tenant should keep a copy of the original notice provided to the landlord.
The tenant MUST hire a licensed contractor. Check to see if a contractor is licensed here: Arizona Registrar of Contractors
The repair MUST cost less than $300 OR less than ½ the monthly rent. For example: Rent is $1500 per month, the repair cannot cost more than $750.
After the repair is complete, the contractor needs to complete and sign a Waiver of Lien and give the tenant an itemized bill marked PAID.
The tenant gives copies of the Waiver of Lien, itemized receipt, and Notice of Completed Repairs by Tenant form.
If these steps are followed, the amount paid to the contractor to fix the air conditioner may be subtracted from the next month’s rent. The tenant should provide a statement with their reduced rent payment showing it was for the amount of the contractor’s bill to fix the air conditioning.
4. Terminate the Rental Agreement and Move Out. A.R.S. §§ 33-1324 and A.R.S. §§ 33-1361(a)
The tenant must provide specific, written notice to the landlord. The tenant should keep a copy of the original notice provided to the landlord.
If the tenant does not owe money to the landlord, they may terminate their lease if the landlord does not fix the air conditioning or take steps to cool the rental until.
After the notice period ends, the tenant needs to provide the landlord another written notice telling them when their final day on the property would be.
For example, if the air conditioner stops working on August 1st. If the tenant gives the landlord written notice on the 3rd, the landlord would have until August 9th to get the air conditioner fixed or provide a temporary air conditioning unit. If the landlord still does not fix the air conditioning, the tenant may provide a new notice on August 10th informing the landlord of when they plan on moving out.
5. File a Lawsuit A.R.S. § 33-1361(B)
The tenant must provide specific, written notice to the landlord. The tenant should keep a copy of the original notice provided to the landlord.
If the landlord does not fix the air conditioning or take steps to cool the rental unit, a tenant may file a civil lawsuit in court.
In the civil lawsuit, a tenant may ask the court to issue an injunction requiring the landlord to make the needed repairs and/or award monetary damages to the tenant.
The tenant may also bring a lawsuit to recover the difference between the fair rental value of the dwelling with air conditioning and its value without it, as is. A.R.S. § 33-1364(A)(2)
NOTE: If the 5- or 10-day notice goes from one month into another (for example, notice is given to the landlord on August 29th), the tenant must still pay rent for the following month. If the tenant withholds rent, they may be evicted for non-payment of rent.
Who is required to fix the air conditioner if my dog damaged it?
If the air conditioner or cooling unit is damaged because of something caused by the tenant, guest of the tenant, or pet of the tenant – it is the responsibility of the tenant to pay for the unit to be repaired. The landlord would be responsible for hiring someone to repair the unit and then bill the tenant for the repair. Depending on the situation, the landlord may be able to bring an eviction action against the tenant for the damage. A.R.S. § 33-1363(B)
How long does the landlord have to fix a broken air conditioner?
When a landlord is given a notice, the length of time they have to fix the air conditioner is between 5 and 10 days. Some things are taken into consideration, including the temperature outside and the type of notice given. A.R.S. § 33-1361(A)
I know what might be wrong with the air conditioner, can I fix it?
No. The air conditioner is the property of the landlord. The tenant is not legally allowed to repair the air conditioner under state law. A.R.S. § 33-1364 (H)
Is there a law that states what temperature the air conditioning must be in my rental unit?
The ambient air temperature in a rental unit should be set at a level that does not create a health or safety problem. While there is no state standard for what that temperature is, some cities and towns across Arizona that have set minimum cooling requirements. For example, in the City of Phoenix if the air conditioning unit is controlled by the property, the temperature may be set at a maximum of 82 degrees Fahrenheit City of Phoenix Code art. II § 39-5(B)(1)(b).
