Is It Illegal to Not Have AC in Arizona?
What Yuma Renters Need to Know
Disclaimer: The information below is not legal advice. Always consult your attorney regarding renters’ rights questions or landlord-tenant disputes.
If you're renting a home or apartment in Yuma, Arizona, and your air conditioning breaks—or worse, isn’t installed at all—you may wonder if it’s illegal not to have AC in Arizona. After all, in Yuma’s intense summer heat, air conditioning feels less like a luxury and more like a basic human need.
Is Air Conditioning Legally Required in Arizona?
Let’s start with the big question: Is AC required in Arizona?
Technically, Arizona law does not require landlords to provide air conditioning, but it does require landlords to provide a "fit and habitable" living space. That includes essential utilities such as running water and electricity.
However, once a landlord does provide AC, it becomes part of the property’s essential services. That means it must be maintained in working condition throughout the term of the lease. If it breaks, the landlord has a legal obligation to fix it.
Do Landlords Have to Fix AC?
Yes—landlords are required to fix AC units if they are part of the rental agreement or if AC was present when the tenant moved in. According to Arizona Revised Statutes § 33-1324, landlords must:
- Maintain all appliances and systems in good, safe working order
- Make all necessary repairs to keep the property livable
- Comply with building, health, and safety codes
Since Yuma’s climate can be dangerously hot, courts generally consider air conditioning an essential service once it’s provided. So in these instances, yes, landlords do have to fix AC in Arizona when it stops working.
How Long Do Landlords Have to Fix AC in Arizona?
According to Arizona Revised Statutes § 33-1364, landlords have five calendar days to fix essential services once they are notified in writing. That includes air conditioning when it's considered part of the rental agreement.
Here’s what you should do as a tenant:
- Submit a written notice to your landlord or property manager as soon as the AC stops working.
- Keep a copy of the written notice for your records.
- Start counting from the day your landlord receives the notice.
- If the AC isn’t fixed within five days, you may have legal options.
What Can You Do If Your AC Isn’t Fixed?
If you’re sweltering in the Yuma heat and your landlord doesn’t fix the air conditioning within five days, you have several options under Arizona law:
- Self-Help for Minor Repairs
You can pay for the AC repair yourself (if the cost is less than $300 or half the monthly rent, whichever is greater) and deduct the cost from your rent. But be careful—always get receipts and notify your landlord before doing this.
- Sue for Damages or Move Out
If the situation becomes unbearable and your landlord continues to ignore the issue, you may be able to:
- Sue for damages (like hotel costs or heat-related health issues)
- Call Code Enforcement to inspect the property and order the landlord to make necessary repairs.
- Terminate your lease legally under a "constructive eviction" claim (but always speak with a tenant rights attorney or housing authority before taking such action)
Protect Yourself: Know Your Lease
Before signing a lease in Yuma—or anywhere in Arizona—read the fine print about AC maintenance. Look for language that confirms:
- The property has central air or another cooling system
- The landlord is responsible for maintenance of the AC equipment
- How quickly AC repairs must be addressed
If your lease doesn’t mention air conditioning maintenance, ask your landlord to put it in writing.
Who Can You Trust to Maintain Your Yuma AC Unit?
For most people in Yuma and throughout Arizona, living without AC just isn’t an option. Whether you own or rent your Yuma home, you can count on One Hour Heating & Air Conditioning® of Yuma to provide prompt and effective HVAC services. To get started, simply call us at (928) 218-3797 to make your appointment.