Attorney General Mayes Warns Landlords About Air Conditioning Failures, Reminds Tenants of their Rights

PHOENIX — As an unprecedented early heat wave pushed temperatures to over twenty degrees above normal across Arizona last month, Attorney General Kris Mayes is warning landlords about their obligations under Arizona law and reminding tenants of the rights they have if their air conditioning or cooling system fails to provide a habitable living environment.

"Extreme heat poses a serious health risk, and it is unacceptable for tenants to be without proper cooling. This year we hit record highs in March and summer is right around the corner," said Attorney General Mayes. "Landlords and management companies must take swift action when cooling systems fail so that tenants have safe and habitable living conditions in accordance with the law."

Failure to provide adequate cooling potentially violates the Arizona Landlord Tenant Act (A.R.S. § 33-1301-1381) and any applicable local regulations. Under Arizona law, landlords must maintain safe and habitable living conditions. In the cities of Phoenix and Tucson, rental units that use air conditioning cannot exceed a maximum temperature of 82 degrees in all habitable rooms. This includes chiller systems, which are subject to the same requirements.

AG Mayes urges tenants whose air conditioning or cooling system has failed to take the following steps:

• Notify your landlord in writing. Start with a phone call and follow up in writing, preferably by certified mail. If you have a medical condition that will be worsened by extreme heat, include that information and request accommodations.
• Your landlord must act within five days of written notice if temperatures pose a health and safety risk.
• If your landlord fails to act, Arizona law may allow you to repair the issue yourself and deduct the cost from your rent, terminate your lease, or sue for damages.

As an example of the office's enforcement efforts, the AGO sent cease-and-desist letters in recent weeks to the owners and management companies of two apartment complexes — Aspire West Apartments in Phoenix and Lumina on 19th Apartments in Tucson — after residents reported that management refused to activate chiller systems despite indoor temperatures already exceeding legal limits.

The Arizona Consumer Fraud Act prohibits deceptive advertising of real estate leases and unfair business practices, which may include failures to provide habitable living conditions. Violations can result in civil penalties of up to $10,000 per violation, disgorgement of profits, and restitution to consumers.

Landlords should also be aware of their obligations under the Arizona Civil Rights Act and Arizona Fair Housing Laws, which require equal access to services and reasonable accommodations for tenants with disabilities. Remedial measures cannot be provided on a discriminatory basis.

Tenants who believe their landlord is failing to provide safe or habitable living conditions are encouraged to file a consumer complaint with the Attorney General's Office at azag.gov/consumer, or by calling (602) 542-5763 in Phoenix, (520) 628-6648 in Tucson, or (800) 352-8431 statewide.