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REFERENCE TITLE: landlords; habitable conditions; temperatures |
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State of Arizona Senate Fifty-seventh Legislature Second Regular Session 2026
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SB 1608 |
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Introduced by Senators Kuby: Alston, Bravo, Diaz, Epstein, Gabaldón, Miranda, Ortiz, Sundareshan; Representatives Garcia, Stahl Hamilton, Villegas
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AN ACT
amending sections 33-1324 and 33-1361, Arizona Revised Statutes; amending title 33, chapter 10, article 4, Arizona Revised Statutes, by adding section 33-1379.01; relating to the Arizona residential landlord and tenant act.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1324, Arizona Revised Statutes, is amended to read:
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 as prescribed in section 9-1303.
2. Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition. For the premises to be fit and HABITABLE, the indoor air TEMPERATURE OF each room of a dwelling unit must not exceed eighty-two degrees Fahrenheit and during periods of extreme cold, must not fall below sixty-eight degrees Fahrenheit. For the purposes of this section, ambient air temperatures shall be measured in the middle of the room and three feet above the ground.
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 the landlord.
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. When seasonal weather conditions reasonably require the use of air conditioning, a landlord may not set the air conditioning thermostat or other controller at and may not require that an air conditioning thermostat or other controller be set at any temperature that is higher than eighty-two degrees fahrenheit. During periods of extreme cold, a LANDLORD may not set the heating THERMOSTAT or other controller at and may not require that a heating thermostat or other controller be set at any temperature that is lower than sixty-eight degrees Fahrenheit.
B. If the duty imposed by subsection A, paragraph 1 of this section is greater than any duty imposed by any other paragraph of this section, the landlord's duty shall be determined by reference to that paragraph.
C. The landlord and tenant of a single family single-family residence may agree in writing, supported by adequate consideration, that the tenant perform the landlord's duties specified in subsection A, paragraphs 5 and 6 of this section, and also specified repairs, maintenance tasks, alterations and remodeling, but only if the transaction is entered into in good faith, not for the purpose of evading the obligations of the landlord and the work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.
D. The landlord and tenant of any dwelling unit other than a single family single-family residence may agree that the tenant is to perform specified repairs, maintenance tasks, alterations or remodeling only if:
1. The agreement of the parties is entered into in good faith and not for the purpose of evading the obligations of the landlord and is set forth in a separate writing signed by the parties and supported by adequate consideration.
2. The work is not necessary to cure noncompliance with subsection A, paragraphs 1 and 2 of this section.
3. The agreement does not diminish or affect the obligation of the landlord to other tenants in the premises.
Sec. 2. Section 33-1361, Arizona Revised Statutes, is amended to read:
33-1361. Noncompliance by the landlord
A. Except as provided in this chapter, if there is a material noncompliance by the landlord with the rental agreement, including a material falsification of the written information provided to the tenant, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon on a date not less than ten days after receipt of the notice if the breach is not remedied in ten days. If there is a noncompliance by the landlord with section 33-1324 materially affecting health and safety, the tenant may deliver a written notice to the landlord specifying the acts and omissions constituting the breach and that the rental agreement will terminate upon on a date not less than five days after receipt of the notice if the breach is not remedied in five days. If the Landlord fails to PROVIDE functioning air CONDITIONING or heating to the tenant in violation of section 33-1324 and this FAILURE materially affects health and safety, the tenant may deliver a written notice to the landlord SPECIFYING the acts and omissions constituting the breach and that the rental agreement will terminate on a date not less than two days after receipt of the notice if the breach is not remedied in two days. For the purposes of this section, material falsification includes false information relating to availability of the unit, except when a holdover tenant is in illegal possession or in violation of the rental agreement, the condition of the premises and any current services as represented by the landlord in writing and any representation regarding future services and any future changes regarding the condition of the premises, the provision of utility services and the designation of the party responsible for the payment of utility services. The rental agreement shall terminate and the dwelling unit shall be vacated as provided in the notice subject to the following:
1. If the breach is remediable by repairs or the payment of damages or otherwise and the landlord adequately remedies the breach prior before to the date specified in the notice, the rental agreement will not terminate.
2. The tenant may not terminate for a condition caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family or other person on the premises with the tenant's consent.
B. Except as provided in this chapter, the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord with the rental agreement or with section 33-1318 or 33-1324.
C. The remedy provided in subsection B of this section is in addition to any right of the tenant arising under subsection A of this section.
D. If the rental agreement is terminated, the landlord shall return all security recoverable by the tenant under section 33-1321.
Sec. 3. Title 33, chapter 10, article 4, Arizona Revised Statutes, is amended by adding section 33-1379.01, to read:
33-1379.01. Eviction prohibition; high heat periods
A landlord may not evict or attempt to evict a tenant pursuant to section 33-1368 or 33-1377 or pursuant to a forcible entry and detainer action or in any other manner during any week in which the outdoor temperature reaches ninety degrees or higher during two or more days in that week.