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General Housing Information

Questions & Answers

Question: in my apartment with no air conditioner. It is very hot and humid in my apartment and it makes me feel as if I want to faint I advised my manager serval times of the situation and all she can say is im calling my boss to see about the ac guy . I went in the other day to speak to the manager to see if the maintance man will be in today and she advised me that he wouldnt so i advised her that i would be moving i really dont want to but it is to hot that i have to. she stated that if i do that i will then be breaking my lease and iowe what ever months are reamining.Is there anything else i can do

Answer:

A landlord has a duty under the Arizona Revised Statutes, Section 33-1324(A)(1) to comply with all building codes materially affecting health and safety.  A.R.S. § 33-1315 states that a tenant cannot waive this right in their lease agreement. The Arizona Residential Landlord Tenant Act gives a few options.

First, if the tenant doesn’t want to have to move, A.R.S. § 33-1363 gives the procedure to follow if the repairs needed to the A/C will cost less than $300 or half of the monthly rent, whichever is greater. If the landlord is notified of the intention to have a contractor fix the A/C, she has ten days to fix it on her own. If she does not, the tenant can have a contractor do the work after the 10th day. The tenant can then give the landlord a copy of the itemized bill, and deduct the amount of the bill from their rent. If the repairs to the A/C system would cost more than the $300 or half the monthly rent limit, A.R.S. § 33-1361 describes what the tenant can do.

If the tenant has a problem that materially affects the health and safety of the unit, they can give the landlord notice stating that they intend to terminate the rental agreement after five days.

A.R.S. § 9-1303(1)(d) states that lack of adequate heating or cooling materially affects health or safety. If the landlord doesn’t fix the A/C within those five days, the rental agreement will be terminated, and the tenant can move out. Furthermore, the tenant can seek damages, and the landlord must return the entire security deposit. However, if the landlord does fix the A/C within those five days, the rental agreement does not terminate.

June 24, 2011