Arizona Statues Concerning Landlords and Air Conditioner Repairs

Landlord responsibilities is a common question among Arizona renters. With the current Phoenix temperatures hitting triple digits, the primary issue turns toward home cooling and the associated air conditioner equipment. So what do you do when the summer is unbearably hot, your air conditioning system is broken, and the landlord refuses to remedy the problem?

Is it legal for your landlord to put the cost of air conditioner repair back on you as the renter?

The Answers as Worded By Law

The following information is taken from the website of the Arizona State Legislature. For the sake of copyright laws and space limitations, the content herein is condensed to meet the needs of a brief understanding of (Az. Rev. Stat. § 33-1324(a)(4).

As with any legal information and activities, please consult an authorized and state licensed attorney before proceeding with any type of legal process.

From Arizona § 33-1324 (a), a landlord is required to:

* 1) Comply with current building health codes and safety codes

* 2) Make repairs as necessary to ensure that a rented premise is fit for habitation

* 3) Maintain a safe premise with procedures that ensure a clean environment

* 4) “Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators, supplied or required to be supplied by him”

* 5) Maintain adequate rubbish and waste disposal processes and equipment

* 6) Supply reliable and reasonable quantities of running water, “reasonable heat and reasonable air-conditioning or cooling” when offered as a component of the rental unit or as demanded by seasonal weather conditions.

Section six goes on to detail exceptions for air conditioning, cooling equipment and hot water supply sources that are in the exclusive control of the presiding tenant or of a public utility company. Further exceptions are included in sections (b), (c) and (d) of the statute. See full details at:http://www.azleg.gov/FormatDocument.asp?inDoc=/ars/33/01324.htm&Title=33&DocType=ARS.

Your Options Under Arizona Law

When a landlord refuses to react to a necessary and required air conditioner repair task, Arizona law may establish a situation which identifies the rented unit as “unfit” for habitation. As such, the renter, you, may pursue any of the following remedies:

* Repair and Deduct – See (Az. Rev. Stat. § 33-1363)

* Withhold Rent – See (Az. Rev. Stat. § 33-1365)

* Temporarily Move Out – See (Az. Rev. Stat. § 33-1364)

* Permanently Move Out – If a landlord fails to keep rental property in a status that is “fit for habitation,” tenants have the right to move out without facing any responsibility for future rent.

To Summarize the Full Document

Unless the landlord and the tenant of a single family dwelling agree in writing prior to a condition of disrepair, the landlord is typically deemed responsible for maintaining adequate building-related heating, air conditioning and other components that constitute the building’s fitness for habituation. In general, if a rented building’s roofing structure, plumbing system, electrical wiring and outlet components, heating equipment or air conditioner system fails due to normal wear and tear, the landlord is required to correct the issue.

In practice: Contact a local attorney.

The Certainty of Air Conditioning Repairs

Air conditioning breakdowns typically come during times of severe need , but such is the order of the mechanical universe. Nothing ever breaks when the timing is great. Otherwise, automobiles would only breakdown at the garage. Lawnmowers would only crack a casing after the last cut of the season. And air conditioning, heat pumps or furnaces would only fail during the minimum-need temperatures of the season.

Here are some common cooling and common heating problems that you can remedy yourself.

When Air Conditioners Provide Poor or Zero Cooling

For poor or zero cooling, you can try these four common fixes associated with air conditioning:

1. Thermostat Settings – Homeowners sometimes disable the automatic thermostat control settings, especially when heat pumps are involved. During the winter, someone may set the system on forced electric heat. Come summer, the cooling stage must be enabled. Also check to ensure that the fan is set on auto and that the temperature is set to a reasonable level suited to the season.
2. Circuit Breakers – When systems overheat, it can force the air conditioning or heat pump circuit breakers to trip. After resetting, be sure to check for smoke, unusual sounds or extreme heat coming from the external units.
3. System Freeze – When an air conditioning unit is forced to labor beyond the expected time frames, freezing may occur. If your indoor fan is functioning without throwing an adequate air flow, check for frozen coils. Set the thermostat above current temperatures. Let the system remain in shutdown mode for several hours. Use the time to clean the air filters.
4. Yearly Reoccurrence of System Freezes – Most likely your air conditioning system or heat pump unit is insufficient for your home; however, you might want to investigate the insulation above your ceilings, below your floors and in the walls.

When Furnaces or Heat Pumps Provide Poor or Zero Heating

Common heating problems can be similar to common cooling problems. Here are four possible reasons that your furnace or heat pump fails to function correctly:

1. Thermostat or Circuit Breaker Problems – Apply the same check and solutions as those pertaining to cooling problems. Just adjust to approach to match heating rather than cooling.
2. Broken Wiring – Note: For broken high-voltage electric lines, contact your electrician or your heating and cooling expert. That said: thermostat wires are easier to repair. Animals and/or falling debris can dislodge, cut or break your thermostat wiring at the source of connection to your heat pump or your furnace. Inspect and correct as needed.
3. Closed Gas or Fuel Valves – If you just purchased an older home and the inside fuel lines are closed, determine the cause before attempting to reopen the flow. If the external lines are closed, call the gas company or your local HVAC repair center.
4. Restricted Airflow – Start by replacing the air filters. Also check and clean the coils on inside units. If using a heat pump, check and clean the coils on the external unit.

Dealing With Not-So-Common Cooling and Heating Problems

Sometimes you can’t fix it yourself. When capacitors, fan motors or compressors go bad, most homeowners are forced to call upon a local HVAC service center. Yet locating a reliable air conditioning repair company is much like searching for an auto mechanic. You want straight-forward answers and honest prices without any haggling. And you want someone who really seems to care about your heating and cooling problems.

Here are four tips to help you choose the right home heating and cooling expert:

1. Ask for evidence of current licenses and insurances
2. Make sure the company is Bonded
3. Get and follow-up on references
4. Check the BBB reports.

Conclusion

Fixing common heating and common cooling problems is not difficult. However, most HVAC equipment breakdowns turn out to be a bit more major than expected. It never hurts to handle a few things on your own, but be prepared to call for help when help is necessary.