air conditioning help (Phoenix, Taylor, Maricopa: 2014, apartment complex, rent)

[shadow91]

Where can I go to get help for my air conditioner? It has not been working for over a month and finally pooped out today, but the problem is the LANDLORD does not want to fix it, she wants the home warranty company to replace it and for the last month they have refused stating as long as something is working on it they won't replace it. My electric bill is $575 from blower motor running constantly because it was not working to cool house off. House has been a constant 85 degrees for the last month. I can't afford to just up and move or go to a hotel but I know that it is against the law for her not to fix it, I just need to know where to go to make her fix it.

[pgc323]

It looks like your landlord is in violation of § 33‐1324 of the Residential Landlord and Tenant Act.

§ 33‐1324. Landlord to maintain fit premises
A. The landlord shall:
1. Comply with the requirements of applicable building
codes materially affecting health and safety.
2. Make all repairs and do whatever is necessary to
put and keep the premises in a fit and habitable
condition.
3. Keep all common areas of the premises in a clean
and safe condition.
4. Maintain in good and safe working order and condition
all electrical, plumbing, sanitary, heating,
ventilating, air‐conditioning and other facilities
and appliances, including elevators, supplied or
required to be supplied by him.
5. Provide and maintain appropriate receptacles and
conveniences for the removal of ashes, garbage,
rubbish and other waste incidental to the occupancy
of the dwelling unit and arrange for their
removal.
6. Supply running water and reasonable amounts of
hot water at all times, reasonable heat and reasonable
air‐conditioning or cooling where such units
are installed and offered, when required by seasonal
weather conditions, except where the building
that includes the dwelling unit is not required
by law to be equipped for that purpose or the
dwelling unit is so constructed that heat, air‐conditioning,
cooling or hot water is generated by an
installation within the exclusive control of the tenant
and supplied by a direct public utility connection

The following information is published in a copy of the act made available to the public. Good Luck!

In Phoenix
The city of Phoenix offers L/T Counseling: call (602) 262-7210. Leave your name and number and the service
will return your call.
To request a guide to the Landlord and Tenant Act (city of Phoenix residents): call (602) 262-7344.
In Maricopa County
Slumlord Hotline: call (602) 372-7586. Leave your name and number and the county will return your call.
You can also request an anti-slum packet.
Roach Infestation (Maricopa County): call (602) 506-6616.
Statewide ‐ Attorney General’s Office
The “Tenant’s Rights” handbook, which explains the law, is available from the Attorney General’s Office,
1275 W. Washington, Phoenix, AZ 85007. Call (602) 542-5025.
To request a packet on how to file a civil complaint against a landlord (this civil complaint is not filed with
the Attorney General’s Office) call (602) 542-5763

[Zippyman]

Originally Posted by shadow91

Where can I go to get help for my air conditioner? It has not been working for over a month and finally pooped out today, but the problem is the LANDLORD does not want to fix it, she wants the home warranty company to replace it and for the last month they have refused stating as long as something is working on it they won't replace it. My electric bill is $575 from blower motor running constantly because it was not working to cool house off. House has been a constant 85 degrees for the last month. I can't afford to just up and move or go to a hotel but I know that it is against the law for her not to fix it, I just need to know where to go to make her fix it.

the landlord tenant act allows for "self-help" if the repair is less than 1/2 month's rent or $300 (whichever is greater)- but you have to notify the landlord IN WRITING that you intend to take that option.

" 33-1363. Self-help for minor defects
A. If the landlord fails to comply with section 33-1324, and the reasonable cost of compliance is less than three hundred dollars, or an amount equal to one-half of the monthly rent, whichever amount is greater, the tenant may recover damages for the breach under section 33-1361, subsection B, or may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. After being notified by the tenant in writing, if the landlord fails to comply within ten days or as promptly thereafter as conditions require in case of emergency, the tenant may cause the work to be done by a licensed contractor and, after submitting to the landlord an itemized statement and a waiver of lien, deduct from his rent the actual and reasonable cost of the work, not exceeding the amount specified in this subsection."


If it were me, I'd send the letter certified mail with return receipt AND regular mail. If you've already got proof the landlord is ignoring the issue (emails, voicemails, witnesses) - then personally, I'd get an estimate from a licensed contractor & do the repair if it's under half-a-month's rent. Follow the law, then deduct the cost from your next month's rent. Just know that it could turn into an eviction and a bunch of hassle if the landlord squacks.

[Bummer]

OUCH, Shadow . . . $575 Electric Bill.

You can bet your sweet butt, if the landlord was paying that bill the air conditioner would have been fixed a month ago.

That is just ridiculous and you need to become a "squeaky wheel" asap.

[MotleyCrew]

AC is a life safety issue in this heat. We would go buy a room cooler or put them up in a hotel until the AC is fixed. Just darn right cruel to make people live without AC here.

[khuntrevor]

I live without a/c. I use swamp and two fans. I also have an attic fan. People lived here for 5000 years without a/c--it's doable. Probably not doable in an upstairs condo or apartment. I used 360 Kwh in June, and I'm on target to be at 400 for July. A few road trips have been great.

OP, your landlord was naive to trust the HW Company--that subject has been beaten to death here.

OP, you were naive to keep running it if it wasn't blowing cold. LL does have to fix it, as documented.

7000 btu LG portable: 249 at HD--would cool your br. 103 today.....

[Howard Roark]

This is why only once in my life I rented a SFH. I will never rent from a small landlord again in my life. Large apartment complexes where I rented have always had same day maintenance. I have problems with my A/C a couple of times per summer (condensation, ice buildup, leaking) and they are quite responsive. You take a gamble with small landlords and sometimes end up with one like the OP's landlord or mine.

[azriverfan.]

Originally Posted by Howard Roark

This is why only once in my life I rented a SFH. I will never rent from a small landlord again in my life. Large apartment complexes where I rented have always had same day maintenance. I have problems with my A/C a couple of times per summer (condensation, ice buildup, leaking) and they are quite responsive. You take a gamble with small landlords and sometimes end up with one like the OP's landlord or mine.

Agree completely! When you rent from a landlord, you are essentially at their mercy. The laws might state otherwise but who is going to enforce them and if they are enforced, how long will that take in our slow court system before anything gets done. Whenever I've rented fron landlords in the past, I've always been at the short end of the stick when it comes to landlords behaving responsibly and it's essentially an added cost when renting from a landlord. Your best hope is fixing it yourself and going to small claims to have the landlord pay for the bill at a later time. Large apartment complexes are great about maintenance and taking care of issues that day.

I had a landlord who was so cheap that he would try to play Tim the Toolman Taylor and try to fix things himself and would take his time doing so.

[Howard Roark]

AZRiverfan,

In the triplex unit I rented from some lady, several times a summer the swamp cooler would die. I lived on the second floor and had no ladder. I would see the thermostat all the way to the right past 90 inside. It usually happened on a Friday when I got home from work. Of course the landlady and her sons were unavailable over the weekend. That was the last straw. I will never rent a SFH again.


Now renting in a large apartment complex is much better.

[Captain Bill]

Usually when everything is working but it isn't cooling, it's the freon that's low. The AC people recharge the freon, and later on when the AC doesn't have to be running, they can check the system for freon leaks.

I doubt if leaking freon is covered by any HW company; and they would charge for a service call anyway.

Unfortunately, the landlord isn't very caring about the tenants. AZ laws are designed to protect tenants from deadbeat landlords, and tenants should follow the guidance and use those laws to keep the home habitable for themselves.