What renters should do if their air conditioning breaks

PHOENIX (AZFamily / 13 News) — It’s that time of year when having a non-operational air conditioning system can be dangerous.

According to recent data, 35.57% of all households in Maricopa County are occupied by renters. Pima County has a similar number with 37% of all households being renter-occupied.

But do you know what to do if your AC stops working? According to Daniel Barker, an attorney with West-Watt Law, PLC., many renters know all too well the struggles of being left without cool air.

Barker said renters should always start with a written notice. The Landlord-Tenant Act requires a written notice to obtain any remedies.

When it comes to air conditioning, Barker said renters have two options:

• Renters should start with a 10-day notice or, in an emergency, like a broken air conditioner, a five-day notice; this could be an email or text.
• Give a written notice to the landlord saying, ‘My air conditioning is out. It better be fixed in five days, or I have the right to terminate the lease.’

The landlord has five days, and if they don’t fix it within that time, the tenant has the legal right to terminate the lease.” According to Baker, the second option renters have is for broken air conditioners and any “essential services.”

For example, in this case, he said the tenant could purchase a window air conditioning unit and deduct that cost from the monthly rent. Baker said if a tenant chooses to go this route, they must give the landlord written notice.

If the situation is dire, substitute housing is also an option. Baker says that tenants are excused from paying rent if they go this route. He said if substitute housing costs exceed the rent owed, the renter can get those costs up to 25%. Barker said many renters fail to go through the process correctly. This is why Baker says that it’s always best to reach out to a professional for legal help when in doubt.

AzLawHelp is a resource Arizona renters can utilize for help.

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