questions & answers

Question: The AZ Landlord and Tenant Act states that a landlord must supply reasonable amounts of hot water, heating, and air conditioning or cooling. As far as air conditioning goes what is a reasonable amount? Is it a specific temp that your unit should be able to maintain? My unit in the evenings sometimes reach 83-84 degrees. Others in the complex said they have the same issue. We have a chilled water system, and we believe they just need to turn the temperature down on the system. But they say that the water temp is at the correct temp.

Answer: The Arizona Residential Landlord & Tenant Act does not define what “reasonable amounts” of hot water, heating, and air conditioning or cooling exactly is. There is no specific temperature given that a landlord must supply for hot water, heating, or cooling. In general, landlords must provide running water, reasonable amounts of hot water, and heating and air-conditioning as required for seasonal weather conditions. http://www.azleg.gov/ars/33/01324.htm If a landlord fails to comply with his or her obligations, and the cost of compliance would have been $300.00 or less, the tenant may recover damages for the breach under http://www.azleg.gov/ars/33/01361.htm or may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. http://www.azleg.gov/ars/33/01363.htm This process, called "self-help for minor defects," is outlined further in http://www.azleg.gov/ars/33/01363.htm If a landlord deliberately or negligently fails to provide water, gas or electrical services, a tenant has several remedies that are outlined in http://www.azleg.gov/ars/33/01364.htm To find out how the law applies to a specific situation, contact an attorney directly. (http://www.azlawhelp.org/articles_info.cfm?mc=5&sc=36&articleid=151)