In the state of Arizona, a landlord will have up to 10 days to fix any problems related to air conditioning dating back to the day the landlord was ultimately notified. This is according to Title 33-1363.
How Long Can A Landlord Leave You Without AC?
You know now that the landlord has 10 days to fix the AC issue, but what does this mean exactly? Reporting the issue within 10 days can include your landlord contacting a professional HVAC team or replacing the unit altogether. According to Title 33-1363, the tenant who utilizes the self-help repair statute can hold the landlord responsible for failing to act on this issue.
This clause is in place to allow tenants to notify their landlord that they will be fixing the AC issue themselves because of the landlord’s failure to report this issue within the legal timeframe. In this event, the tenant can also notify the landlord that the AC repair cost will be deducted from their rent.
Under the implied warranty of habitability, the longest any landlord can leave their tenant without working AC is 5-10 days. Outside temperatures, though, can alter this timeline. For example, if the outside temperature is less than 85 degrees Fahrenheit, your landlord is legally allowed 10 days to leave you without working AC.
If the temperature rises above 85 degrees Fahrenheit, the landlord must fix the AC unit within 5 days. A landlord’s failure to comply can lead to the tenant taking certain legal recourses.
Are Landlords Required To Provide Working AC?
It is the responsibility of both the landlord and tenant to maintain a comfortable living environment. All renters have certain rights according to the Arizona Residential Landlord And Tenant Act (ARLTA). Of course, properly working AC is one of the tenant’s rights.
The implied warranty of habitability in the state of Arizona requires landlords to provide working HVAC equipment for their tenants. Here are a few other notable responsibilities landlords have in Arizona, according to ARS §33.1341:
- Landlords must provide hot and cold running water.
- Landlords must ensure stairways and railings are safe.
- Electrical and plumbing systems must be working.
- Safe and clean fire exits.
- Flooring must be in good condition and safe for all.
- Carbon-monoxide and smoke detectors must be working.
- Landlords must provide sufficient trash receptacles.
*It’s important to note these requirements apply to the vast majority of residential properties today.
Is A Landlord Or Tenant Responsible For AC Repairs?
Responsibility for the AC maintenance and repairs depend on a few factors, which should be outlined in your lease agreement. Let’s take a look at some of these factors below.
Depends On The Lease
In most cases, the lease agreement will specify whether the landlord or tenant is responsible for AC-related issues and costs. Typically, as mentioned above, AC maintenance and repair is the landlord’s responsibility.
Local Laws And Regulations
This is another important factor in determining responsibility for AC maintenance. Some jurisdictions could feature laws that specify certain AC obligations for landlords.
Unique Circumstances
The specific circumstances impacting the need for AC repairs can also influence responsibility. A tenant could be responsible for issues that are the direct result of negligence, while the landlord will cover AC maintenance due to normal wear and tear of the unit.
Conclusion
So, what are a tenant’s legal options if the AC is not fixed in the proper timeframe? Here is a look at what a tenant can legally do next:
- A tenant can break the lease without penalization.
- A court order can be acquired for repairs and compensation.
- A tenant can repair said issues by themself and deduct these costs from future rent payments.
Arizona, unlike many other states, does not feature such provision that allows tenants to withhold rent.
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