Attorney General Kris Mayes warned on Apr. 7 that Arizona landlords must provide adequate cooling for tenants, following record high temperatures in March that were more than twenty degrees above normal. Mayes reminded both landlords and tenants of their legal rights and responsibilities under state law when air conditioning or cooling systems fail to ensure habitable living conditions.
The announcement comes as extreme heat presents serious health risks to residents, particularly as summer approaches. “Extreme heat poses a serious health risk, and it is unacceptable for tenants to be without proper cooling. This year we hit record highs in March and summer is right around the corner,” said Attorney General Mayes. “Landlords and management companies must take swift action when cooling systems fail so that tenants have safe and habitable living conditions in accordance with the law.”
Arizona law requires landlords to maintain safe living environments, including functioning air conditioning or chiller systems that keep indoor temperatures at or below 82 degrees in Phoenix and Tucson rental units. The Arizona Landlord Tenant Act sets these standards, while additional regulations may apply locally.
Mayes advised tenants whose cooling has failed to notify their landlord in writing—preferably by certified mail—and include any relevant medical information if extreme heat worsens a condition. Landlords are required to act within five days if there is a health risk due to high temperatures; otherwise, tenants may have the right under state law to repair the issue themselves, deduct costs from rent, terminate leases, or seek damages.
Recently, the Attorney General’s Office sent cease-and-desist letters to owners of Aspire West Apartments in Phoenix and Lumina on 19th Apartments in Tucson after reports of management refusing to activate chiller systems despite indoor temperatures exceeding legal limits.
Violations of habitability requirements can also fall under the Arizona Consumer Fraud Act—which prohibits deceptive real estate advertising and unfair business practices—and could result in civil penalties up to $10,000 per violation as well as restitution for affected consumers.
Landlords are further reminded of obligations under state civil rights laws requiring equal access for people with disabilities; accommodations cannot be made on a discriminatory basis.
Tenants who believe their landlord has not provided safe or habitable conditions are encouraged by the Attorney General’s Office—the state’s chief legal office responsible for advocacy and protection across Arizona—to file complaints through azag.gov/consumer or by calling designated phone numbers.according to the official website. The office also addresses issues such as elder abuse, civil rights violations, unsolved crimes through its cold case unit,according to its official website, participates in federal lawsuits supporting fair housing initiatives,according to its official website, delivers comprehensive legal services statewide,according to its official website, functions as Arizona’s primary legal entity offering advocacy,according to its official website, and is led by Kris Mayes—the state’s 27th attorney general and first mother elected into this roleaccording to its official website.
