How Long Can A Landlord Leave You Without Air-Conditioning?

According to Title 33-1363, Arizona landlords have up to ten days to fix air conditioning issues dating back to the day that they were notified in writing.

How Long Do Landlords Have To Fix Air-Conditioning Issues?

Acting within ten days of the reported AC issue can include the landlord calling a professional repair team or replacing the unit altogether. A landlord who ultimately fails to repair the unit in the appropriate time frame can be held responsible by the tenant.

The tenant can utilize the self-help repair statute (Title 33-1363). This clause is in place to allow tenants to notify their landlord that they will be fixing the issue themselves and deducting the total repair cost from their rent. Tenants can do this when their landlord fails to address the concerns within the set time frame.

Are Landlords Required To Provide Air Conditioning For Tenants?

Both the landlord and tenant are responsible for keeping a comfortable living environment. All renters are given certain rights thanks to the Arizona Residential Landlord And Tenant Act (ARLTA). One of these rights is working air conditioning.

All tenants in Arizona have the right to working air conditioning. The implied warranty of habitability in this state requires landlords to provide the proper, working HVAC equipment. This, of course, applies to the vast majority of residential properties.

According to ARS §33.1341, these are a few other responsibilities of a landlord:

• Provide working hot and cold running water.
• Provide usable, safe, and clean fire exits.
• Safe stairways and railings.
• Working electrical and plumbing systems.
• Safe and good conditioned flooring.
• Working carbon-monoxide and smoke detectors.
• Provide sufficient trash receptacles.

How Long Can A Landlord Leave You Without Air Conditioning?

Under the implied warranty of habitability, the longest amount a time possible a landlord can leave a tenant without working AC is five to ten days total. Outdoor temperatures, however, can alter this amount of time. For instance, if the outdoor temperature is less than 85 degrees, the landlords are legally allowed to leave tenants without AC for up to ten days.

Meanwhile, if the outdoor temperature is higher than 85 degrees, the landlord must fix the issue within five days. You may be able to take certain legal resources when the landlord fails to address the issue within the set time allotment.

What Are The Legal Options If Air Conditioning Is Not Fixed On Time?

There are three factors that ultimately go into determining your legal options when left without working AC. The lease is the primary document dictating the rental agreement terms. Most of the time, the lease will specify who is responsible for AC issues, but it is typically the responsibility of the landlord. Local laws and regulations could change responsibilities, so ensure you know these laws ahead of time.

Some special circumstances can change the responsibilities, as well. If the tenant caused AC damage due to negligence or misuse, he or she will be responsible for the repairs. When a unit breaks down due to normal wear and tear, though, the landlord is typically responsible for the repairs.

Here are a few legal options for tenants in the state of Arizona when repairs are not completed during the aforementioned time frame:

• You could get a court order for repairs and compensation.
• You may break the lease without being penalized.
• You can do the repairs yourself and deduct those costs from future rent payments.

Unlike many other states, Arizona does not feature a provision that allows a tenant to withhold rent.