Are Arizona Landlords Responsible for Keeping Air Conditioners Running

Arizona rental properties must have working AC Units

When residents of Arizona rent a home or an apartment, they will often wonder about the particular responsibilities of a landlord. During the summer when temperatures in cities such as Phoenix hit triple digits, the most common issue with any property is the cooling system and the air conditioning equipment. Anyone who currently rents a property will want to know what to do in case they face the situation where the air conditioning system doesn’t work, it is unbearably hot and the landlord refuses to resolve the problem.

One of the most common questions things residents will want to know is if it is legal for a landlord to put the cost of an air conditioner repair on the renter. According to the Arizona State Legislature, residents will need to consult with a state licensed attorney in order to proceed with any type of legal action. The state legislature has the following guidelines that all landlords must follow:

1. Must comply with current building and health safety codes

2. Must make all necessary repairs in order to ensure that a rented property is fit for habitation

3. Maintain a safe residence with procedures that ensure a clean environment

4. Maintain property in good and safe working condition with all electrical, plumbing, sanitary, hearing, ventilating, air conditioning and other facilities and appliances on the property

5. Maintain adequate waste disposal and rubbish processes and equipment

6. Supply reliable quantities of running water, air conditioning and cooling when offering a rental unit that is demanded by seasonal weather conditions

Section six of the state legislature guidelines have some exceptions for air conditioning, cooling equipment and sources of hot water supply. These are sources that are in exclusive control of the tenant and/or a public utility company. There are also additional exceptions included in sections b, c and d of the statutes regarding rental law. A tenant and landlord will wan to review these details on the website http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01324.htm&Title=33&DocType=ARS.

Tenant Options Under Arizona Law

Whenever a landlord refuses to take necessary action in order to address any problem with an air conditioning unit, the state of Arizona may establish a situation in which it determines that a rented unit is not fit for living. As a result, the renter, will be able to take the following actions:

Repair and Deduct (Az Rev. Stat. 33-1363)

Withhold Rent (Az Rev. Stat. 33-1365)

Temporary Move Out (Az Rev. Stat. 33-1364)

Permanently Move Out – When a landlord fails to keep the rental property unit that is adequate for habitation, a tenant has the legal right to move out of the unit and not be liable for any future rental payments.

Summarizing the Full Document

Unless both the landlord and the tenant have a written agreement that was made prior to renting the unit what it was in a condition that needed repairs, a landlord is responsible for maintaining a rental unit that is adequate for habitation. All of the heating, air conditioning, plumbing and electrical systems must be in a condition that is suitable for living by the landlord. The landlord is legally obligated to correct any issues that may come up with any of these appliances.

Whenever a landlord is not willing to address any issues with the poor working condition of any of the systems, then the tenant has the legal right to take certain actions. These actions can range from repairing the air conditioner unit themselves to not paying rent to moving out. Therefore, both tenants and landlords must understand these policies before completing a rental agreement for any rental property such as single family home or an apartment unit.