Is AC an emergency under AZ tenant landlord act?

[gilleabart]

Well, I live in a small one bedroom apartment and our AC has broke for the fifth time now. The first time we went 3 days with no air the last couple of times were fixed within a couple of hours. This morning my girlfriend informed the office and put in a work order to fix it but it is now 9pm and we believe well be sleeping with no a/c.
What I want to know is if I can write a formal letter to them informing them that if they do not fix it in 24 hrs I will have someone else fix it and they must take that payment out of my rent?
Under AZ law they must provide AC. I just am not sure what I am able to do.
Link to az tenan landlordt law >>>>http://legal.asua.arizona.edu/LT_Maint.html

[giulio]

I don't think AC would be considered an emergency since there are other states that get as hot as Arizona and Arizona is the only state in the country with an A/C law.

[adin55]

I am not an expert by any means, but have been reading the laws due to a circumstance of my own, becoming extraordinarily familiar with them, so hopefully I can help.

First, A.R.S. 9-1303 directly lists lack of adequate heating and cooling as a Material affect on health and safety of occupants, and under A.R.S. 33-1324, they are required to make all repairs and do whatever is necessary to keep the premises habitable. So it appears that you have grounds for am emergency, but you still need to provide them with notice as well as reasonable time to respond.
http://azleg.gov/FormatDocument.asp?inDoc=/ars/9/01303.htm&Title=9&DocType=ARS

You have two options once notice is given and time has passed, fix it yourself or stay somewhere else until they do....

Fixing it yourself - if the cost is either less than $300 or 1/2 month's rent (whichever greater), you may notify the landlord in writing that in the case of an emergency, they must promptly repair or replace it. If they do not, you will bring in a licensed contractor to fix the issue and have that amount deducted from your rent. This is covered in A.R.S. 33-1363
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01363.htm&Title=33&DocType=ARS

The other option is under A.R.S. 33-1364, which is in direct relation of failure to supply A/C.
Under this, if they are negligent in providing A/C (and other essential services), you may give notice of breach of the rental contract and recover damages. You can procure substitute housing during the time the a/c is broken (reasonable hotel fee), and be excused from paying rent for that time period. If the substitute housing is more than what the rent would be, you can give them proof of payment and recover your costs, as long as it does go over the rent amount by over 25%.

BUT - be careful, as it also directly states that if you choose to proceed with this route, you cannot go back and have it repaired on your own as well and that also, none of these rights apply until notice is given to the landlord, nor will they apply if the repair is due to an action of yours or anyone else in the apartment.
http://www.azleg.state.az.us/FormatDocument.asp?inDoc=/ars/33/01364.htm&Title=33&DocType=ARS

And more importantly, you have to be able to prove that it has been either deliberate or negligent on their part. Unfortunately, AZ isn't favorable to tenants and it would be up to a judge to decide if it was really an emergency or not, should it go that far.

Either way, provide notice to them and cite the exact statue reference you are going with. In my experience, letting them know that you are familiar with your rights and the laws that govern both landlords and tenants shows that you are informed and promotes a quicker response from them. But, also ask what they would consider a 'reasonable time frame' in order to fix the issue, as you will have to give them time to address the problem first, which is again up for interpretation. The one thing that is on your side is that it is summer, and no a/c can directly affect health in extreme temperatures.

Keep copies of everything you ever give them, and the names of individuals you deal with. You never know what you are going to need should this somehow comes up after your lease is over.

Good luck!

[rheged]

No, lack of AC is NOT considered an emergency under the Arizona Tenant and Landlord Act. You need to provide written notice to your landlord about the issue, and then allow him ten days to make the needed repairs. Understand, as well, that only PARTS of Arizona require working AC as a condition of habitability. You do not indicate where you live, so we do not know if you are included under those laws.