questions & answers

Question: I've lived at an extended stay motel for about 2 years. Last September my cooler went out and my landlord has been saying since then that he will get it fixed by the time hot weather is back. It's now almost 100 degrees here and it still isn't fixed. My landlord acts like he has no responsibility because it's a motel but I'm wondering what I can legally do to remedy this.

Answer: Given that it is an extended stay motel rather than transient housing, you should be able to argue the applicability of the Arizona Residential Landlord Tenant Act found here: https://www.azag.gov/sites/default/files/sites/all/docs/civil-rights/fha/TenantRightsResponsibilities.pdf
Pursuant to A.R.S. 33-1364, you are entitled to reasonable amounts of air conditioning. Pursuant to that same statute, you are entitled to give notice and either
(1) procure your own essential services and deduct the actual costs (mostly applicable where a utility bill is unpaid);
(2) recover damages from the landlord, or
(3) obtain substitute housing until the landlord complies and recover from the landlord the cost of that substitute housing to the extent it is not excessive under the statute.
Alternatively, and assuming application of the Act, you can give notice and terminate your rental agreement pursuant to A.R.S. 33-1361 if repairs are not made in a timely manner. Ten days written notice is required for most non-compliance. There is a five-day provision for noncompliance "materially affecting health and safety." As it gets hotter, you may have an argument that it materially affects health and safety. Because it does involve extended stay housing, and I am not privy to your agreement with the landlord, you should consider consulting a knowledgeable attorney for advice rather than just these general guidelines I am providing. I wish you the best.