Landlord and Tenant Rights and Responsibilities

questions & answers

Question: If my AC goes out, does my landlord have to pay for a hotel room (within reason) until the ac is fixed?

Answer:

The following is provided for general information only. To find out how the law applies to a specific situation, contact an attorney directly.

According to the Arizona Residential Landlord and Tenant Act (ARLTA), A.R.S. 33-1364, a tenant may procure substitute housing (e.g. a motel) until the problem is fixed, provided the landlord is responsible for the air conditioning and the noncompliance is either deliberate or negligent. If this happens, the tenant is excused from paying rent for the period of noncompliance. In addition, a tenant may recover 25% of their daily rent if the substitute housing costs more than the daily rent owed to the landlord.  Alternatively, a tenant may pay the cost of repair and offset that against the monthly rent provided the costs are within the statutory guidelines.  Regardless of the chosen remedy, a tenant in all cases is required to give proper notice pursuant to the ARLTA.   Additional information regarding landlord/tenant repair issues, including notice and cost guidelines can be found here.