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

Landlords in the state of Arizona have up to ten days to fix air conditioning issues dating back to the day they were notified in writing (per Title 33-1363).

How Long Do Landlords Have To Fix AC Issues?

Acting within 10 days of the reported AC issue can include the landlord calling a professional repair team or replacing the AC unit. Any landlord who fails to repair the AC unit in the appropriate time frame can be held responsible by the tenant who makes use of the self-help repair statute (per Title 33-1363).

This clause allows tenants to notify their landlord that they will be fixing the issue themselves and deducting the repair cost from their rent due to the landlord’s failure to address the issue within ten days.

Are Landlords Required To Provide Air Conditioning?

Both the tenant and landlord are responsible for maintaining a comfortable living environment. The Arizona Residential Landlord And Tenant Act (ARLTA) does give all renters certain rights. Working air conditioning is one of these rights.

Tenants in the state of Arizona have the right to air conditioning. The implied warranty of habitability in the state requires landlords to provide working HVAC equipment. This applies to the vast majority of residential properties.

Here are a few other responsibilities landlords have according to ARS §33.1341:

• Provide hot and cold running water.
• Provide working electrical and plumbing systems.
• Ensure stairs and railings are safe.
• Provide usable, safe, and clean fire exits.
• Ensure flooring is safe and in good condition.
• Provide sufficient trash receptacles.
• Provide working carbon-monoxide and smoke detectors.

How Long Can Landlords Leave Tenants Without Air Conditioning?

Under the implied warranty of habitability, 5-10 days is the longest amount of time a landlord can leave a tenant without a working air conditioner. However, outside temperature can change this amount of time. If the outside temperature is less than 85 degrees, then landlords are legally allowed to leave you without AC for up to 10 days.

If the outside temperature is above 85 degrees, though, the landlord is required to fix the air conditioner within 5 days. You may be able to take certain legal recourses when your landlords fails to address the issue within the appropriate time frame.

Who Is Responsible For AC Maintenance And Repairs?

The responsibility of AC unit maintenance and repairs will depend on several factors. The primary factors involved with figuring out responsibility are the lease agreement and local laws/regulations.

Lease Agreement

The lease is the primary document that dictates the rental agreement. The majority of the time it will specify whether the tenant or landlord is responsible for AC-related costs. It is possible that the lease will place the burden on the tenant, but typically it will be the responsibility of the landlord.

Local Laws And Regulations

Local laws and regulations are a big factor in determining responsibility. Some jurisdictions have laws specifying certain AC maintenance repair obligations for landlords. It’s crucial to be aware of any such laws before you enter into a lease agreement.

Special Circumstances

The circumstances surrounding the need for AC repairs can also influence who is responsible for the bill. When the unit breaks down due to normal wear and tear, it is usually the landlord’s responsibility. A tenant may be responsible for the costs if damage is caused by negligence or misuse.

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

The Arizona Residential Landlord & Tenant Act does give tenants several legal options, including:

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

Unlike several other states, Arizona features no such provision that allows a tenant to withhold rent.