REFERENCE TITLE: eviction limit; heat; temperature settings State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025 SB 1544 Introduced by Senators Kuby: Ortiz; Representatives Liguori, Mrquez, Sandoval An Act amending section 33-1324, 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)
REFERENCE TITLE: eviction limit; heat; temperature settings
State of Arizona Senate Fifty-seventh Legislature First Regular Session 2025
SB 1544
Introduced by Senators Kuby: Ortiz; Representatives Liguori, Mrquez, Sandoval
REFERENCE TITLE: eviction limit; heat; temperature settings
State of Arizona
Senate
Fifty-seventh Legislature
First Regular Session
2025
SB 1544
Introduced by
Senators Kuby: Ortiz; Representatives Liguori, Mrquez, Sandoval
An Act
amending section 33-1324, 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_STATUTE33-1324. 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. 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 air-conditioning, a landlord may not require that air-conditioning be set and may not set the air-conditioning to provide for any temperature that is higher than eighty-two degrees. 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. Title 33, chapter 10, article 4, Arizona Revised Statutes, is amended by adding section 33-1379.01, to read: START_STATUTE33-1379.01. Eviction prohibition; high heat periods A landlord may not 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
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 33-1324, Arizona Revised Statutes, is amended to read:
START_STATUTE33-1324. 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.
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 air-conditioning, a landlord may not require that air-conditioning be set and may not set the air-conditioning to provide for any temperature that is higher than eighty-two degrees.
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. Title 33, chapter 10, article 4, Arizona Revised Statutes, is amended by adding section 33-1379.01, to read:
START_STATUTE33-1379.01. Eviction prohibition; high heat periods
A landlord may not 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