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Tempe, AZ Rental Property Rules: Repairs & Habitability (2026)

Some Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Minimum heat
70F, measured 3 feet above floor
Max cooled temp
88F evaporative / 82F refrigerated
Hot water minimum
110F at the tap
Exterior door locks
Dead bolt, minimum 1-inch throw
Civil penalty cap
Up to $2,000/day per property

Summary

Tempe's Rental Housing Code (Secs. 21-31 to 21-38) sets minimum sanitary, electrical, heating/cooling, ventilation, safety and maintenance standards for every rental unit, including a 70-degree minimum heat and dead-bolt locks on exterior doors. The Community Development Department enforces these standards through inspection, notice to comply and, if needed, civil or criminal citation.

Sec. 21-34. Thermal environment.(b)Heating requirements. Every rental housing unit shall have heating, under the tenant's control, capable of safely heating all habitable rooms, bathrooms and flush toilet rooms located therein to a temperature of at least seventy degrees (70 F) at a distance three (3) feet above floor level in the center of the room...(c)Cooling requirements. Every rental housing unit shall have cooling, under the tenant's control, capable of safely cooling all habitable rooms...to a temperature no greater than eighty-eight degrees (88 F) Fahrenheit, if cooled by evaporative cooling, or eighty-two degrees (82 F) Fahrenheit, if cooled by air conditioning.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: City Code: Supplement 33 Update 4 | Zoning and Development Code: Supplement 11 Update 2).

Full Breakdown

Division 2 of the Rental Housing Code lays out room-by-room habitability rules. Sec. ' Sec. 21-33 requires at least two electrical outlets and a switch-controlled light in every habitable room, ground-fault protection near sinks and tubs, and lighting in common stairways, entrances and parking areas for buildings with four or more units. Sec. 21-34 sets thermal minimums: heating capable of reaching 'a temperature of at least seventy degrees (70 F)' and cooling that keeps rooms no hotter than 88F on evaporative cooling or 82F on refrigeration, both measured three feet above the floor; unvented portable space heaters and using a stove to heat a room are flatly prohibited.

Sec. 21-35 requires habitable rooms to have at least 10 square feet of glazed natural light and 5 square feet of openable ventilation. Sec. 21-36 sets minimum floor area, 220 square feet total with at least one 120-square-foot common room, and occupancy limits tied to bedroom size. Sec. 21-37 requires dead-bolt locks with a minimum one-inch throw on swinging exterior doors, working locks on accessible windows, and a smoke detector in every unit, with the owner responsible for installation and battery replacement. Sec. 21-38 covers ongoing maintenance: no holes or cracks that admit pests, lead-free paint, weathertight roofs and walls, and functioning appliances and utilities that the owner cannot shut off except for necessary repairs.

These standards are enforced under Article III (Secs. 21-41 to 21-49): a notice to comply sets a correction deadline, and violations can be pursued as a civil sanction up to $2,000 per day per property under Sec. 21-42(b) or as a Class 1 misdemeanor under Sec. 21-42(c).

Violations & Fines

A rental unit failing any Division 2 habitability standard is subject to a notice to comply with a City-set correction deadline under Sec. 21-43. Continued noncompliance is enforceable as a civil sanction of up to $2,000 per day per property or as a Class 1 misdemeanor under Sec. 21-42, and an owner who allows the unit to sit vacant cannot relet it until the violation is corrected and reinspected.

Frequently Asked Questions

What temperature must a Tempe rental's heater reach?
Sec. 21-34(b) requires heating 'capable of safely heating all habitable rooms, bathrooms and flush toilet rooms...to a temperature of at least seventy degrees (70F)' measured three feet above the floor, and it must be under the tenant's control.
Are smoke detectors required in Tempe rentals?
Yes. Sec. 21-37(i) requires smoke detectors in all existing rental housing units, with the owner responsible for installation, annual battery replacement if battery-powered, and confirming detectors work before any unit is reoccupied.
What happens if a Tempe landlord ignores a habitability notice to comply?
The City can pursue a civil sanction of up to $2,000 per day per property under Sec. 21-42(b), or charge the owner with a Class 1 misdemeanor under Sec. 21-42(c); each day the violation continues is a separate offense.

Sources & Official References

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