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What to do if my A/C is broken?

As a tenant, you are legally entitled to a rental property that meets your basic structural, health and safety standards and that it is in good repair. If your landlord fails to take care of important maintenance, such as a broken air conditioner, your rights include:

  • The right to withhold rent until repairs are made

  • The right to "repair and deduct" that is hire a licensed contractor to fix a serious defect that makes the unit unfit (or buy a replacement part or item and do it yourself) and deduct the cost from your rent. Submit the bill to your landlord including an itemized statement of the work completed and fill these out.


Do you feel as if your landlord has failed to help? Start the following steps:

  • Before you do anything else, notify your landlord. Start with a phone call, and then follow up with an email or written notice. Provide your landlord with a written notice identifying the problem and informing them that they are in breach of the rental agreement, then give them a "reasonable period of time" to fix the problem. Take a look at this sample notice, which summarizes your options like those shown in the Sample Letters section as they pertain to air conditioning, below:
    [Example of Written Notice Here in Form A]

    Notice: If you are able to, hand deliver the notice or send it to your landlord by mail. If possible, hiring a process server will produce legal proof you sent your message. Make sure to keep copies of any notices you give to your landlord so you can show them to court.

  • If the landlord fails to supply air conditioning, you may do one of the following:Give written notice (Form A) that the landlord has 5 calendar days to make the repair. If the landlord does not timely make the repair, you can then decide whether to terminate the lease and leave. If you decide to terminate the lease, you will need to provide an additional notice (Form B) that states your intended move-out date. You will be responsible for any rent during this time. See A.R.S. § 33- 1361(A).

  • Give written notice (Form A) that the landlord has 5 calendar days to make the repair. If the landlord does not timely make the repair, you may bring a lawsuit for an injunction (to force landlord to make repairs) and for money damages. See A.R.S. § 33-1361(B).

  • Give written notice (Form A) that if the landlord does not make the repair in 10 calendar days (or sooner as conditions require in an emergency), you will hire a licensed contractor to repair the air conditioning. You can check the license at the Arizona Registrar of Contractors at Contractors Search or (602) 542-1525, or Toll Free within AZ: 1-877-MY AZROC (1-877-692- 9762).
    Warning: You may only use this if the repair costs less than $300 or one-half of your monthly rent, whichever amount is greater. For example, if your rent is $700, the repair must stay under $350. You will be able to deduct the cost of that repair from your rent payment. See A.R.S. § 33-1363(A).
    After the contractor completes the repair, you will need to have the contractor fill out and sign a "Waiver of Lien" (See Form C of this Example) and provide you with an itemized bill marked "PAID." You must give your landlord copies of these documents, along with the "Self Help Remedy: Completion" notice, and payment of the amount of rent owed minus the deduction for the contractor's bill.

  • Give written notice (Form A) that the landlord has a reasonable time to repair. If the repair is not timely made, you can choose to procure reasonable amounts of air conditioning or cooling yourself. What does this mean? Examples are purchasing fans or a window-mounted air conditioning unit. If you take these steps, you will be able to deduct the "actual reasonable cost" 3 from your rent. You must keep all receipts from these purchases, and be able to prove that you purchased the items after the deadline stated on the notice you gave the landlord for fixing the air conditioning unit. See A.R.S. § 33-1364(A)(1).

  • Give written notice (Form A) that the landlord has a reasonable time to repair. If the repair is not timely made, you can choose to pay for reasonable, temporary substitute housing (such as renting a hotel room) until the landlord repairs the air conditioning in your home. Just like with the other remedies, you will need to keep all your receipts so you can prove that you used substitute housing only for the time period from the deadline stated on the notice until air conditioning was restored to your home. Warning: You may deduct a maximum of 125% of your rent amount for the substitute housing. For example, if your AC is out for a month and your rent is $800/month, you will be excused from the full $800 and can be reimbursed up to another $200 ($800 x 25%). If your AC is out for a week and your rent is $800/month, you can be excused for up to $250. See A.R.S. 33-1364(A)(3).

  • Give written notice (Form A) that landlord has a reasonable time to repair. If the landlord does not timely make the repair, you can sue the landlord to recover money for the reduced value of your home from the deadline stated on the notice until the air conditioning was restored to your home. See A.R.S. 33-1364(A)(2).


Before you do any of these things, make sure that the circumstances justify you paying less rent and that you are complying with state legal requirements. Check with Arizona state laws when you consider the following:

  • The type of repair of problems that qualify for rent withholding or repair-and-deduct

  • The type of notice you must give to the landlord and the amount of time the landlord has to fix the problem before you can withhold rent or use the repair-and-reduct process.

  • The limit on how much rent you may withhold or deduct

  • Your protections from landlord retaliation (check the link)

  • Any other conditions that apply before you can withhold or deduct rent


Source: https://www.landlordtenantlawfirms.com/legal-advice/air-conditioner-repair-liability

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