A landlord must supply reasonable air conditioning and cooling in apartments and houses that have an air conditioner installed. Arizona law provides legal options for the tenants when the air conditioning fails in the rented home. However, if the tenant, resident, family member, pet, or guest caused the air conditioning to stop working by a deliberate or careless act, or failing to act you can NOT use one of these legal options. 

If the landlord fails to supply air conditioning, the tenant must give written notice to the landlord and wait for the landlord to make the needed repair.

Content provided can also be found at AZCourts.gov/eviction.

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About Notices

Notices may be hand delivered to the landlord or to an authorized agent (like an office manager) or sent to the landlord by certified mail. It is strongly recommended that notices be hand delivered, as notices sent by certified mail are deemed to be received on the date the landlord actually receives the notice or 5 days after the notice is mailed, whichever occurs first.

The tenant should make sure to keep copies of any notices given to the landlord so that they can show them to the court.

If the landlord fails to make the repair within a specific timeframe, the tenant may do 1 of the following 5 options.
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1. Give Written Notice and Terminate the Lease

Give written notice that the landlord has 5 calendar days to make the repair. If the landlord does not timely make the repair, the tenant can then decide whether to terminate the lease and leave. If the tenant decides to terminate the lease, they will need to provide an additional notice that states the intended move out date. The tenant will be responsible for any rent during this time. See A.R.S. § 33-1361(A).
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2. Give Written Notice and File an Injunction

Give written notice that the landlord has 5 calendar days to make the repair. If the landlord does not timely make the repair, the tenant may bring a lawsuit for an injunction (to force the landlord to make the repairs) and for money damages. See A.R.S. § 33-1361(B).
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3. Give Written Notice and Procure Fans or a Window Mounted Airconditioner

Give written notice that the landlord has a reasonable time to repair. If the repair is not timely made, the tenant can choose to procure reasonable amounts of air conditioning or cooling themselves. What does this mean? Examples include purchasing fans or a window-mounted air conditioning unit. If the tenant takes these steps, the tenant will be able to deduct the “actual reasonable cost” from the rent. The tenant must keep all receipts from these purchases and be able to prove that they purchased the items after the deadline stated on the notice that the tenant gave the landlord for fixing the air conditioning unit. See A.R.S. § 33-1364(A)(1).
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4. Give Written Notice and Pay for Temporary Substitute Housing

Give written notice that the landlord has a reasonable time to repair. If the repair is not timely made, the tenant can choose to pay for reasonable, temporary substitute housing (such as renting a hotel room) until the landlord repairs the air conditioning in the home. Just like with the other remedies, the tenant will need to keep all receipts, so the tenant can prove that substitute housing was only used for the time period from the deadline stated on the notice until when the air conditioning was restored to the home.

WARNING

The tenant may deduct a maximum of 125% of the monthly rent amount for the substitute housing. For example, if the air conditioning is out for a month and the rent is $800 per month, the tenant will be excused from the full $800 and can be reimbursed for up to $200. If the air conditioning is out for a week and the rent is $800 per month, the tenant can be excused for up to $250. See A.R.S. § 33-1364(A)(3).
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5. Give Written Notice and Sue for the Reduced Value of the Home

Give written notice that the landlord has a reasonable time to repair. If the landlord does not timely make the repair, the tenant can sue the landlord to recover money for the reduced value of the home from the deadline stated on the notice until when the air conditioning was restored to the home. See A.R.S. § 33-1364(A)(2).
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This website has been prepared for general information purposes only. The information on this website is not legal advice. Legal advice is dependent upon the specific circumstances of each situation. Also, the law may vary from state-to-state or county-to-county, so that some information in this website may not be correct for your situation. Finally, the information contained on this website is not guaranteed to be up to date. Therefore, the information contained in this website cannot replace the advice of competent legal counsel licensed in your jurisdiction.

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