landlords; habitable conditions; temperatures

SB1608 - 572R - I Ver

REFERENCE TITLE:
landlords; habitable conditions; temperatures

State of Arizona

Senate

Fifty-seventh Legislature

Second Regular Session

2026

SB 1608

Introduced by

Senators
Kuby: Alston, Bravo, Diaz, Epstein, Gabald�n, Miranda, Ortiz, Sundareshan;�
Representatives Garcia, Stahl Hamilton, Villegas

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:

START_STATUTE
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.
END_STATUTE

Sec. 2. Section 33-1361, Arizona Revised
Statutes, is amended to read:

START_STATUTE
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.

END_STATUTE

Sec. 3. Title 33, chapter 10, article 4,
Arizona Revised Statutes, is amended by adding section 33-1379.01, to read:

START_STATUTE
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.
END_STATUTE