Hurt at your Tempe apartment: what the code says and when you can sue the landlord

Tempe City Code 21-37 sets rules for rental stairs, handrails, balconies, locks and smoke detectors. Arizona landlords must keep common areas clean and safe. You generally have 2 years to sue. If the city's housing authority is involved, a claim is due in 180 days.

Last checked November 9, 2026 · Official sources (26)

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Road map of Tempe showing Apache Boulevard and University Drive near the ASU campus, where many rental apartments stand
Tempe code requires handrails on rental stairs with 4 or more risers. Map data © OpenStreetMap contributors.

What does Tempe code require in a rental apartment?

Part of the homeTempe ruleHow people get hurt
StairsNo broken, rotted or missing steps. A secure handrail on stairs with four or more risers.Falls, broken bones
Balcony or porch over 30 inchesA guardrail in sound condition.Falls from height
Exterior doorsDeadbolts with at least a one-inch throw.Break-ins
Windows reachable from outsideA working lock.Break-ins
Smoke detectorsThe owner installs them and replaces batteries yearly.Fire injuries
CoolingAble to reach no more than 82 degrees with air conditioning or 88 with evaporative cooling.Heat illness
PoolsFenced off from the public and kept up.Drowning, infections

A code violation does not win a case by itself. It does help show the landlord knew or should have known what was required. State law also makes landlords do what is needed to keep a home fit and habitable, and keep electrical, plumbing, air conditioning and elevators in safe working order.

Heat matters here more than in most places. If your air conditioning failed in summer and you got sick, write down the date, the inside temperature and every time you asked for a repair.

What should I do after getting hurt at my Tempe apartment?

  1. Get medical care first, and tell the doctor exactly how it happened.
  2. Take photos before anyone fixes it. Include the broken step, the rail or the pool gate.
  3. Tell the manager in writing, and save a copy of the message.
  4. Find past repair requests in your email, texts or tenant portal.
  5. Report the problem to Tempe Code Compliance at (480) 350-4311. It takes rental complaints such as no heat or air conditioning and water leaks.
  6. If a pool made you sick or hurt you, the county inspects public and semi-public pools at 602-506-0070, and its online tool shows inspections.
  7. Do not sign a move-out or release form until someone has read it.

The city's enforcement records can be searched on its permit site, which can show earlier complaints on your building.

How do I find out who owns my Tempe apartment building?

Your lease may only name a management company. Arizona law says the landlord must disclose in writing, at or before the start of the tenancy, the name and address of the people who manage and own the property. All Tempe rental units must also be registered with the Maricopa County Assessor, whose office is at (602) 506-3406.

Getting the right name matters. A claim against the wrong company wastes time you do not have.

Who pays if I get hurt at a Tempe rental?

Where you were hurtWho may payDeadline
Private complex, common areaThe owner's or manager's liability insurance2 years
Inside your unit, after you reported the problemThe landlord or its insurer2 years
A voucher home with a private landlordUsually the private landlord. Tempe Housing Services is a public housing authority and inspects these units.2 years, or 180 days if the city is at fault
ASU-owned housingThe university, through the Board of Regents180 days, notice sent to the Regents
A contractor's work, such as a broken gateThe contractor's insurer may share the cost2 years

Your renter's insurance mostly protects your belongings, but it may include a small amount for medical bills. A lease clause that says the landlord is not responsible cannot excuse liability arising under law. Arizona will reduce your award by your share of the fault, for example if you ignored a clear warning sign.

Can I break my lease or get money for repairs in Tempe?

A tenant may recover damages when a landlord does not comply with the law. For a problem that affects health and safety, Arizona lets you give a written notice that the lease will end if it is not fixed in five days. Follow the steps closely, and get advice before you stop paying rent, because Arizona evictions move fast.

What should I ask a lawyer about a Tempe apartment injury?

  • Did the landlord break Tempe City Code 21-37 here?
  • Who is the real owner, and what insurance do they carry?
  • How will you prove the landlord knew about the problem?
  • If I live in voucher or ASU housing, does the 180-day deadline apply?

Questions

How long do I have to sue my landlord in Tempe?

Generally 2 years for an injury. Public housing and ASU claims have a 180-day notice rule.

Does my Tempe landlord have to fix the air conditioning?

Yes. Tempe says rentals need cooling capable of reaching no more than 82 degrees with air conditioning.

Who do I call about an unsafe stairway in my Tempe building?

Tempe Code Compliance, at (480) 350-4311. You can also reach Tempe 311 at the same number.

Who inspects my complex's pool in Tempe?

Maricopa County requires permits for public and semi-public pools, and private home pools are left out. Call 602-506-0070 to check.

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Sources (26)

  1. Tempe City Code, Sec. 21-37, checked 2026-11-09. “free from any broken, rotted or missing steps or tripping hazards”
  2. Tempe City Code, Sec. 21-37, checked 2026-11-09. “Every balcony or porch higher than thirty (30) inches above the ground shall be protected by a guardrail”
  3. A.R.S. § 33-1324(A)(3), checked 2026-11-08. “Keep all common areas of the premises in a clean and safe condition.”
  4. A.R.S. § 12-542, checked 2026-11-08. “within two years after the cause of action accrues”
  5. City of Tempe, Risk Management, checked 2026-11-08. “claims must be filed with the City Clerk's Office within 180 days after the cause of action accrues”
  6. A.R.S. 33-1322, checked 2026-11-09. “shall disclose to the tenant in writing at or before the commencement of the tenancy the name and address of each of the following”
  7. A.R.S. 33-1315, checked 2026-11-09. “Agrees to the exculpation or limitation of any liability of the landlord arising under law”
  8. Tempe City Code, Sec. 21-37, checked 2026-11-09. “shall have dead bolt locks with a minimum one inch throw”
  9. Tempe City Code, Sec. 21-37, checked 2026-11-09. “Every open-able window reasonably accessible from the outside shall have a locking device”
  10. Tempe City Code, Sec. 21-37, checked 2026-11-09. “The owner shall be responsible for the installation, replacing the battery annually”
  11. City of Tempe, Renting in Tempe, checked 2026-11-09. “eighty-two degrees (82º) Fahrenheit, if cooled by air conditioning”
  12. City of Tempe, Renting in Tempe, checked 2026-11-09. “Pools must be fenced off from the public”
  13. A.R.S. 33-1324, checked 2026-11-09. “Make all repairs and do whatever is necessary to put and keep the premises in a fit and habitable condition.”
  14. A.R.S. 33-1324, checked 2026-11-09. “Maintain in good and safe working order and condition all electrical, plumbing, sanitary, heating, ventilating, air-conditioning and other facilities and appliances, including elevators”
  15. City of Tempe, ePermits Enforcement, checked 2026-11-09. “Please contact Code Compliance at (480) 350-4311”
  16. City of Tempe, Report a Building Code Violation, checked 2026-11-09. “Rental Housing Code Complaint (such as no heat/AC, water leaks, infestations”
  17. Maricopa County, Aquatic Health and Safety, checked 2026-11-09. “Operating permits are required for public and semi-public pools”
  18. Maricopa County Environmental Services, checked 2026-11-09. “Swimming Pool Inspection Tool”
  19. City of Tempe, Renting in Tempe, checked 2026-11-09. “All rental units must be registered with the Maricopa County Assessor's Office.”
  20. City of Tempe, Housing Choice Voucher Landlords, checked 2026-11-09. “through its Housing Services division, a public housing authority (PHA)”
  21. Arizona Revised Statutes 12-821.01, checked 2026-11-08. “within one hundred eighty days after the cause of action accrues”
  22. Arizona Board of Regents, Service of Process, checked 2026-11-08. “are not authorized to accept service of lawsuits or notices of claim”
  23. A.R.S. § 12-2505, checked 2026-11-08. “the claimant's action is not barred, but the full damages shall be reduced in proportion to the relative degree of the claimant's fault”
  24. A.R.S. 33-1361, checked 2026-11-09. “the tenant may recover damages and obtain injunctive relief for any noncompliance by the landlord”
  25. A.R.S. 33-1361, checked 2026-11-09. “will terminate upon a date not less than five days after receipt of the notice if the breach is not remedied in five days”
  26. City of Tempe, Tempe 311, checked 2026-11-09. “For Tempe 311, please call 480-350-4311.”

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