At 4:30 p.m. on a July weekday, the pavement shimmers, and your HVAC vendor is juggling emergencies. A tenant texts: “AC is out. It is 91° inside.”

In Phoenix, that is not a routine work order. It is a legal, health, and financial alarm. Handled well, you keep a family safe and protect your reputation. Handle it poorly, and you risk hotel bills, rent abatements, code complaints, and conflict.

This guide explains what the law requires and how to respond quickly, stay compliant, and preserve tenant relationships.

Key Takeaways

Cooling is an essential service. You must keep AC safe and supply reasonable cooling. (A.R.S. § 33-1324).
Phoenix summer cap: 82°F with mechanical or refrigerated AC and 86°F with evaporative cooling, May 1 through Oct 1. (Phoenix City Code, Ch. 39, § 39-5).
Timelines differ. Five-day termination lives in § 33-1361. Essential service failures, including cooling, are under § 33-1364 after reasonable notice.
If you delay, remedies escalate. Tenants may procure cooling and deduct, claim damages, or obtain substitute housing with rent abated.
Interim relief and documentation reduce risk and show good faith.

What the Law Requires

Arizona’s Residential Landlord and Tenant Act sets the baseline for habitability. Landlords must keep the premises fit, maintain the AC in good, safe working order, and provide reasonable cooling where required.

A midsummer outage usually qualifies as noncompliance materially affecting health and safety. The five-day framework in § 33-1361 lets a tenant terminate if the breach is not cured within that window. It is not permission to wait.

When cooling fails, the essential services statute controls remedies after reasonable notice, regardless of lease language.

Phoenix’s Standard: The 82°F and 86°F Thresholds

Phoenix’s Neighborhood Preservation Ordinance defines the City’s summer standard. From May 1 through October 1, a dwelling must be capable of maintaining an indoor temperature at or below 82°F with mechanical or refrigerated AC and at or below 86°F with evaporative cooling.

Inspectors use a standardized method: readings are taken near the center of the room at a height of 3 feet. Required cooling must be provided by permanently installed equipment. If the home cannot meet the applicable maximum, it is out of compliance and subject to enforcement.

Timelines and Remedies When Cooling Fails

Track one is about ending the lease. Under § 33-1361, if the AC failure creates a serious health or safety problem and you do not fix it, the tenant can deliver a five-day notice to terminate. Think of it as the “we’re done here” option. It is not permission to wait five days to respond; you are expected to act immediately to cure the problem.

Track two covers essential services under § 33-1364. After reasonable notice, response time depends on the severity of heat risk and how quickly you act.

If you fail to act, the tenant may buy temporary cooling and deduct the actual cost, claim damages for reduced rental value, or move to a hotel with rent paused and reimbursement up to 125 percent of the daily rent. Judges weigh temperature, timing, communication, and interim steps.

A Landlord’s Rapid-Response Plan

Acknowledge immediately. Confirm receipt, express concern, and promise a short update so the tenant knows help is imminent.
Dispatch a licensed HVAC professional. Prearrange 24/7 coverage so triage starts quickly and escalation paths are clear.
Provide temporary cooling. Authorize portable cooling or deliver company units so the home stays at or below the City cap while repairs proceed. This shows good-faith performance of the duty to provide reasonable cooling. (A.R.S. § 33-1324; § 33-1364).
Follow through. Obtain a precise diagnosis and timeline. If parts are delayed, maintain interim cooling that meets the code standard until permanent repairs restore capacity. (Phoenix City Code, Ch. 39, § 39-5).
Document everything. Save messages, work orders, technician notes, invoices, and reimbursements. Centralize the record and share concise updates with the tenant.

Prevention Before the Heat Arrives

Schedule pre-season HVAC service; stock spare filters and several portable AC units; secure written 24/7 commitments from HVAC vendors.
Train staff with clear scripts that acknowledge urgency, explain next steps, and authorize interim relief within set dollar limits.
Clarify in the lease who is responsible for filter changes, how access is granted, and how emergencies are reported, without waiving habitability duties.
Add a summer cooling checklist to the standard procedures and share it with owners and tenants to ensure expectations are clear.

FAQ

It is 83° inside, but the AC is running. Must I act?
Yes. The standard is what the system can achieve, not whether it is on. If the interior exceeds the City cap, dispatch and stabilize immediately. (Phoenix City Code, Ch. 39, § 39-5).

Can I offer a rent credit and let the tenant handle it?
No. Habitability duties are independent of rent, so credits alone do not satisfy the duty to supply cooling or maintain AC. (A.R.S. § 33-1324; § 33-1364).

My lease says tenants are responsible for all repairs, including AC. Is that enforceable?
No. Core habitability duties are not waivable. You remain responsible for maintaining AC and supplying reasonable cooling. (A.R.S. § 33-1324).

The tenant ignored the filter changes, which caused the failure. What now?
Restore cooling first, then pursue cost recovery if you can prove negligence with solid documentation. (A.R.S. § 33-1341).

Win the Heat and Protect the Asset

Phoenix summers are a stress test. The owners who win follow a clear playbook: acknowledge immediately, dispatch a licensed tech, stabilize with interim cooling that meets the City cap, and document every step.

That sequence keeps you compliant, shields you from costly tenant remedies, shortens downtime, and preserves tenant trust. Each AC call is a high-stakes moment to prove professionalism and protect NOI.

Ready to take AC emergencies off your plate? RPM Phoenix runs HVAC dispatch, delivers temporary cooling when needed, and maintains airtight records to keep you compliant and confident. We handle the heat, the vendors, and the paperwork while you protect your investment and your peace of mind.

Reach out to us and put a proven emergency response between your properties and the next 115° day!

Additional Resources

Most Common Violations of Lease Agreements in Phoenix, AZ

How to Handle Unauthorized Pets in Rental Units in Phoenix, AZ