questions & answers

Question: The air conditioning in my house went out. I am currently renting. We notified our property management and they sent someone out the next day. The ac company said they cant fix it for a week. Our property management told us to find somewhere else to stay. Is there a law that they have to pay for us to stay in a hotel? And is there a law stating that we can deduct money from rent from each day that we are not staying in the house? And if so then how much? Thank you.

Answer: Under the Arizona Residential Landlord and Tenant Act, landlords are required to “maintain fit premises,” that is, to ensure that the dwellings that they rent out to tenants are kept in a clean and safe (or “habitable”) condition (A.R.S. 33-1324). Landlords must ensure that all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances are in good working order. As a general rule, this obligation on the part of the landlord applies to all residential dwellings. However, under some circumstances, a lease agreement for a single-family residence may transfer some of these responsibilities to the tenant (A.R.S. 33-1324). When a landlord fails to supply an essential service, such as air-conditioning, for which the landlord is responsible, the tenant has several options. But before the tenant may do anything, the tenant first must give “notice” of the problem to the landlord. “Notice” should be stated in writing and delivered directly by hand and/or certified or registered mail. (A letter (or even an email) provides a useful record.) If, after what the law describes only as “a reasonable period of time,” the landlord does not fix the problem, then the tenant may do any of the following: (a) obtain those essential services on his/her own and deduct their cost from the next rent payment; or (b) withhold rent and instead find temporary “reasonable substitute housing” while those essential services are not being provided; or (c) sue the landlord to recover damages for the amount of the decrease in the fair rental value of the dwelling while those essential services were not being provided (A.R.S. 13-1364). If, after written “notice” has been given, and “a reasonable period of time” has passed, the tenant finds temporary “reasonable substitute housing” (an inexpensive motel room, for example), then the tenant is excused from paying rent to the landlord for that period. What this means is that when the tenant pays the rent for the following month, the tenant may pay a “prorated” amount. (So, for example, if the monthly rent is $900 (or $30/day), and the tenant is forced to stay in a motel for 5 days, then the tenant may reduce the next month’s rent payment by $150.) If the cost of that substitute housing exceeds the amount of the tenant’s rent for the period, then the tenant also may recover up to 25% (but no more) of the additional expense from the landlord (A.R.S. 13-1364). It is always strongly recommended that the tenant inform the landlord (or property manager) in advance, and in writing, that the tenant intends to find “reasonable substitute housing” during the period in which the essential service (such as A/C) is not being provided, even if the landlord him/herself has verbally suggested it. Not only because it is wise for the tenant to have a written record of every significant conversation or agreement with the landlord, but also because it may encourage the landlord to speed up the repairs. Important to keep in mind: Under Arizona law, landlords and tenants are required to act in “good faith” toward one another (A.R.S. 33-1311). So whatever substitute housing the tenant finds must be “reasonable.” Its purpose must be to permit the tenant to live in a “habitable” dwelling until the essential service (such as A/C) is restored, and not to take advantage of the landlord.