As temperatures begin to soar for the summer, landlords are reminded that under Arizona law, they are obliged to take swift action to provide safe and habitable conditions for tenants when cooling systems fail (stock photo).
As an unprecedented early heat wave pushed temperatures to more than 20 degrees above normal across Arizona in March, Attorney General Kris Mayes is warning landlords about their obligations under Arizona law and reminding tenants of the rights they have if their air conditioning or cooling system fails to provide a habitable living environment.
“Extreme heat poses a serious health risk, and it is unacceptable for tenants to be without proper cooling. This year we hit record highs in March and summer is right around the corner,” said Mayes. “Landlords and management companies must take swift action when cooling systems fail so that tenants have safe and habitable living conditions in accordance with the law.”
Failure to provide adequate cooling potentially violates the Arizona Landlord Tenant Act (A.R.S. § 33-1301-1381) and any applicable local regulations. Under Arizona law, landlords must maintain safe and habitable living conditions. In Phoenix, rental units that use air conditioning cannot exceed a maximum temperature of 82 degrees in all habitable rooms.
Mayes urges tenants whose air conditioning or cooling system has failed to take the following steps:
- Notify your landlord in writing. Start with a phone call and follow up in writing, preferably by certified mail. If you have a medical condition that will be worsened by extreme heat, include that information and request accommodations.
- Your landlord must act within five days of written notice if temperatures pose a health and safety risk.
- If your landlord fails to act, Arizona law may allow you to repair the issue yourself and deduct the cost from your rent, terminate your lease, or sue for damages.
Tenants who believe their landlord is failing to provide safe or habitable living conditions are encouraged to file a consumer complaint with the Attorney General’s Office at www.azag.gov/consumer, or by calling 602-542-5763 in Phoenix. Or, contact the City of Phoenix Human Services Department at 602-262-7210.
