What rights do Phoenix renters have when it comes to AC trouble?

Your AC isn’t working, and your landlord isn’t being helpful. Here are some actions you can take to stay safe and get things fixed. 

This story first appeared in Rent Check PHX, a biweekly newsletter made for Phoenix renters, written by someone who’s lived it. Sign up for it here.

It’s a hot summer day, with temperatures over 100 degrees. You come home from work, unlock your Phoenix apartment, and—oh no—it’s way too hot inside. 

You run to your thermostat and sure enough, something is off. It’s reading in the high 80s and climbing higher. 

This is a situation many Phoenix renters face—and one I faced myself in July—especially in the summer with AC systems straining to keep up with extreme heat. 

Hopefully, you call your landlord and they get it fixed as soon as possible. Luckily, this is how things went down in my case. We had a “smart” thermostat that was getting old, and while we were out of town, my partner noticed in the app that our apartment was 95 degrees. We called our property manager and they replaced the thermostat the next day, solving the problem. 

But if your landlord isn’t being helpful, all hope is not lost. Arizona has legal protections in place to make sure renters aren’t faced with dangerous heat just because a landlord doesn’t want to fork over money to fix the AC. 

State law requires all landlords to keep residential properties in a “in a fit and habitable condition,” which includes maintaining AC systems. By Phoenix city code, all AC units in a residential property must cool to 82 degrees or below, or 86 degrees if the unit uses a swamp cooler. 

Unfortunately, even if you have the know-how, tenants do not have the right to repair an AC themselves. 

Tenants must first provide written notice to the landlord of the AC issue. This can be:

• an email or text, as long as the renter can prove it was sent and the landlord received it
• a hand-delivered written notice to a landlord
• a letter via certified or registered mail

A landlord normally has 10 days after a written notice to repair things in a rental, but in the case of health and safety, that period is lessened to five days. 

If your landlord does not fix your unit within that timeline, you have options. You can: 

• Buy a cooling device, like a fan, and deduct the cost of it from your rent.
• Find substitute housing, like a hotel, and deduct daily rent for the number of days your apartment was unlivable from your monthly payment. If you spent more than the daily rent, you can deduct an additional 25% of that daily rent.
• Hire a contractor to make the repair and deduct the cost from your rent. This only works if the repair costs less than $300 or half of your monthly rent, whichever is greater. 
• End your lease and move, without having to pay a penalty for breaking the lease.

But, remember—you have to give your landlord that written notice about the AC being out before you can make these claims, and you need to keep all of your receipts. 

If your eyes glazed over at the talk of written notices and percentages, I completely feel you. The rules can be confusing and difficult for regular people to put into practice.

Thankfully, Community Legal Services offers a checklist of what to do if you find yourself in this situation, along with forms you can use for providing notice to your landlord. You can also apply for free legal services through them, but you must meet certain income requirements to do so. 

Another option is calling Phoenix’s Landlord and Tenant Program at 602-262-7210 to speak with a counselor about your rights. 

Keep in mind that exposure to extreme heat—even indoors—can be fatal, and access to AC is a matter of survival. These laws exist to hold landlords accountable, so don’t be afraid to use them. 

MORE: How does your rent in Phoenix compare to surrounding cities?