FAQ - Evictions

Do I have the legal right to hire someone to fix the air conditioner after I provide the landlord a written notice and they fail to fix it within the proper timeframe?  If not, what are my options?

According to Arizona law, the tenant may do one of the following:

  1. Purchase a reasonable amount of fans, window units, portable air conditioning units, etc. and deduct that amount from their rent.
  2. Deduct the diminished value of the premises.
  3. Find reasonable substitute housing and deduct the daily rent for the days the home is not habitable. If the cost of that housing is more than the daily rent, the tenant may also deduct an additional 25% of that daily rent from their rent after providing the landlord proof of payment for that housing.
  4. Terminate the lease and move without penalty.

EXAMPLE 1: A tenant may buy a portable air conditioning fixture for $300 and deduct that amount from their rent after providing a receipt to the landlord.

EXAMPLE 2: If the tenant chooses to stay at a hotel and their monthly rent is $1800, they can deduct up to $75 of the daily hotel bill (daily rent of $60 plus an additional $15, which is 25% of the daily rent) after providing the landlord with a copy of that bill. That might not be much to pay for a hotel, but the statute does not allow the tenant to take off the entire amount of the hotel bill unless the landlord’s failure to act is willful.

Resources

Air Conditioning Legal Info Sheet

A.R.S. § 33-1364(A)

 

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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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