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

Article II of Tempe City Code Chapter 21, the Rental Housing Code, applies to every rental housing unit in the city, meaning the portion of a dwelling occupied for payment as an independent living facility. Hotels and motels are excluded (§§ 21-22, 21-23). Division 2, §§ 21-31 through 21-38, holds the physical standards, and § 21-38(q) puts the duty to meet them on the owner, agent and manager. Where a subsection opens with "should" it states the goal, and the "shall" subsections that follow are the enforceable requirements.

Plumbing, heat and appliances. Each unit needs a flush toilet with a water-seal trap, a fixed lavatory basin and a tub or shower, all connected to approved water and sewer systems. Hot water must reach at least 110 degrees, and every bathroom or kitchen faucet must deliver at least one gallon per minute (§ 21-31). Heat must reach 70 degrees Fahrenheit, and cooling must hold 88 degrees with evaporative cooling or 82 degrees with air conditioning, measured three feet above the floor in the center of the room (§ 21-34). Unvented portable fuel-burning heaters are banned, and so is heating with an oven or stove. Landlords must supply an oven and range and a refrigerator that holds 40 to 45 degrees, unless the tenant provides them under the rental agreement (§ 21-32).

Light, air and space. Each habitable room needs two outlets plus a wall-switched light, at least 10 square feet of glazing and 5 square feet of openable window (§§ 21-33, 21-35). A unit needs 220 square feet of room area with a 120 square foot common room. Habitable rooms other than kitchens need 70 square feet and no dimension under seven feet, and occupancy is 220 square feet for the first two people plus 100 for each additional person (§ 21-36).

Safety and upkeep. Stairways with four or more risers need handrails. Stairways, balconies and porches over 30 inches high need guardrails whose openings stop a seven inch sphere. Swinging exterior doors need dead bolts with a one inch throw, and the owner must replace smoke detector batteries annually and confirm the detectors work before reoccupancy (§ 21-37). Interiors must be free of pests and peeling paint, all paint must be lead free, floor tears over six inches are a tripping hazard, and an owner cannot shut off a required service in an occupied unit except for repairs (§ 21-38).