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Trulia Phoen…, Home Buyer in Phoenix, AZ

What can you do if your landlord refuses to replace an insufficient air conditioner?

Asked by Trulia Phoenix, Phoenix, AZ Tue Jan 22, 2013

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The key term here is insufficient verse non-operational. I certainly wouldn't be paying for the repair with an expectation of reimbursement. Much too far in the grey zone for a definitive answer. I like Jose's and Holly's answers though.
0 votes Thank Flag Link Tue Jan 22, 2013
Well said Holly, I think you hit the nail on the head. You'll need a third party person to state if it's functioning within factory parameters and if you don't feel the issue is addressed to your satisfaction, it's time to consult with a good real estate attorney.
0 votes Thank Flag Link Tue Jan 22, 2013
Yes; I would have to agree with June. I have been on both sides of this. First of all; many air conditioners are not properly equipped to cool a home to 74* when it is 120* outside.... But 78-80* is not unreasonable. Unfortunately older air conditioners may run harder and not be as energy efficient as newer models- but that doesn't mean they are not properly cooling. If a landlord has called a repair person out and they say it is running at "maximum capacity" and is still cooling/ then the tenant may not like it; but its working. Many tenants (and homeowners) forget to maintain the unit by changing the air filter monthly and having it expected/cleaned twice per year. This can shorten the lifespan of any unit. If you feel your rights as a tenant are being violated out everything in writing (which is good to do anyways). Please refer to the AZ Landlord Tenant Act and consult an attorney. I often give my tenant clients the following link: https://www.azag.gov/sites/default/files/sites/all/docs/civi…
0 votes Thank Flag Link Tue Jan 22, 2013
I don't think you can force the landlord to "replace" the A/C. You can ask him to repair it if it is not working properly though. A challenge that you may have is that he may feel the A/C is working just fine, while you think it is not. If you can't reach an agreement, I suggest putting your complaint in writing and sending it to him with receipt confirmation. You will want to have it documented that you gave him a chance to address the issue.

Good luck!

Jose Dias, REALTOR
(623) 418-5700
Jose@MyFirstHouseAZ.com
http://www.MyFirstHouseAZ.com
0 votes Thank Flag Link Tue Jan 22, 2013
Call me at 3193503263 if you have any questions, I just dealt with this a few weeks ago with a client of mine.
0 votes Thank Flag Link Tue Jan 22, 2013
Self help for minor defects clause in landlord-tenant act, if they don't repair within 10 days of notice you can have it repaired yourself and charge them $300 or half months rent whichever is more.... That is for AZ anyways
0 votes Thank Flag Link Tue Jan 22, 2013
First of all Trulia, you will need to define "insufficient air conditioner".
0 votes Thank Flag Link Tue Jan 22, 2013
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