questions & answers

Question: My air conditioning stopped working Friday night and I am being told that because it is not more than 81 degrees outside it is not considered an emergency, they also stated they don’t know how long it will be until they fix it because of the Coronavirus. How long do they have before they have to fix my air conditioner? I have 2 children and it’s very hot inside my home this is not okay.

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord is required to (among other things) “comply with the requirements of applicable building codes materially affecting health and safety”; “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”; “maintain in good and safe working order and condition all air-conditioning and other facilities and appliances . . . supplied or required to be supplied by him”; and “supply . . . reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions” (A.R.S. 33-1324(A)). Generally speaking, when a tenant’s A/C is not working and the outdoor temperature is hot enough to require A/C, the landlord is expected to make any necessary repairs as soon as reasonably possible. Given the current situation, what is reasonable may be longer than usual. A tenant whose A/C is not working may wish to send a signed and dated letter to the landlord requesting the needed repair, keeping a copy for the tenant’s own records. That way, if the landlord either deliberately or negligently fails to supply A/C and the weather grows hotter, the tenant will have options.