Question: My a/c has gone out 6 times in the past 2 months. Maint. Comes and "fixes" it but the same problem keeps happening. What can I do legally to get it fixed/replaced?
Answer: This answer is for general information only. To see how the law applies to your specific case, please consult a lawyer. Please consult the Landlord and Tenant Act which is Chapter 10 of Title 33 in the Arizona Revised Statutes. Look specifically at ARS 33-1324(A4). This states that the landlord must “maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning, and other facilities and appliances…” Next, please consult ARS 33-1364 which discusses the landlord’s failure to supply services such as air conditioning. ARS 33-1361 states that a "tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon a date not less than ten days after receipt of the notice if the breach is not remedied in ten days." A sample written notice can be found on this website. AZ Law Help also has an article about Landlord-Tenant Rights and Responsibilities. The section under subheading “Failure to Supply Essential Services” explains and summarizes ARS 33-1364.
May 24, 2012
Legal Services Corporation