Question 1

Does my landlord have to fix the air conditioning in Arizona?

Accepted Answer

Yes — in Arizona, your landlord must maintain air conditioning. The landlord is required to keep all air-conditioning facilities and appliances that are supplied or required to be supplied by the landlord in good and safe working order . The landlord must also supply reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions . This duty does not apply where the building is not required by law to be equipped for that purpose, or where the air-conditioning is generated by an installation within the tenant's exclusive control and supplied by a direct public utility connection . For a single-family residence, the landlord and tenant may agree in writing, supported by adequate consideration and entered into in good faith, that the tenant will perform the landlord's duty to supply air-conditioning .

If the landlord deliberately or negligently fails to supply air-conditioning where units are installed and offered, you may give the landlord reasonable notice specifying the breach and then choose one of the following remedies :

1. Procure reasonable amounts of cooling or essential services during the noncompliance and deduct the actual reasonable cost from the rent .
2. Recover damages based on the diminution in the fair rental value of the dwelling unit .
3. Procure reasonable substitute housing during the noncompliance, in which case you are excused from paying rent for that period; if the substitute housing costs more than the periodic rent, you may recover the excess up to twenty-five per cent of the excused periodic rent .

If the landlord's noncompliance is deliberate, you may instead recover the actual and reasonable cost or fair and reasonable value of substitute housing, up to an amount equal to the periodic rent . These rights do not arise until you have given the landlord notice, they do not include the right to repair, and they do not arise if the condition was caused by the deliberate or negligent act or omission of you, a family member, or another person on the premises with your consent . If you proceed under this section, you may not also proceed under sections 33-1361 or 33-1363 for the same breach, except for damages occurring before you proceeded .

Separately, for minor defects where the reasonable cost of compliance is less than three hundred dollars or one-half of the monthly rent, whichever is greater, you may notify the landlord in writing of your intention to correct the condition at the landlord's expense; if the landlord fails to comply within ten days (or as promptly as conditions require in an emergency), you may have the work done by a licensed contractor and deduct the actual and reasonable cost from rent after submitting an itemized statement and waiver of lien . This self-help option is unavailable if you or someone on the premises with your consent caused the condition, or if the condition does not breach the fit and habitable standard .

Note that you also have a duty to use air-conditioning facilities in a reasonable manner and to promptly notify the landlord in writing of any situation requiring the landlord to make repairs . For advice about your specific situation, consider consulting a licensed Arizona attorney.

Question 2

Can my landlord evict me without going to court?

Accepted Answer

No — Arizona law requires your landlord to go through the courts; A.R.S. § 33-1367 lets you recover possession or damages if they lock you out or cut your utilities instead.

Question 3

How long does a landlord have to return a security deposit?

Accepted Answer

14 business days after the tenancy ends, you've moved out, and you've demanded it — or your landlord owes what's due plus damages equal to twice the amount wrongfully withheld.

Question 4

What are my rights if I'm behind on rent?

Accepted Answer

Your landlord must give you written notice and five days to pay before filing for eviction — they cannot terminate your tenancy immediately.

Question 5

What can my landlord legally do and not do?

Accepted Answer

Your landlord must keep the unit fit and habitable — including working plumbing, heating, and air conditioning — and must follow the Arizona Residential Landlord and Tenant Act for everything else.