Landlord and Tenant Rights and Responsibilities

questions & answers

Question: My landlord is refusing to fix the air conditioner because she said she selling the house. Is this legal?

Answer: Under the Arizona Residential Landlord and Tenant Act, a landlord must “make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition”; “maintain in good and safe working order and condition all ... air-conditioning and other facilities and appliances ... supplied or required to be supplied by him”; and “supply ... reasonable air-conditioning or cooling where such units are installed and offered, when required by seasonal weather conditions...” (A.R.S. 33-1324(A)). However, the landlord and tenant of a single family residence may agree in writing, supported by adequate consideration, that the tenant will perform the landlord’s air-conditioning related duties (A.R.S. 33-1324(C)). So the answer to the question will depend on (1) whether a legally enforceable rental agreement exists between the landlord and the tenant (because a landlord’s desire to sell the premises does not in any way alter their duties under the law) and (2) what, if anything, the rental agreement says about air-conditioning.