Legal Definitions - Repair and deduct

Repair and deduct is a legal principle that allows a tenant to make necessary repairs to their rental property and then subtract the cost of those repairs from their rent payment. This remedy is typically available when a landlord has failed to address a significant problem that affects the safety, health, or habitability of the property within a reasonable amount of time, despite being properly notified by the tenant.

For a tenant to utilize "repair and deduct," several conditions usually must be met:

• The defect must be material, meaning it significantly impacts the property's livability or poses a serious health or safety risk.
• The tenant must not have caused the damage.
• The tenant must typically provide the landlord with proper notice of the issue and a reasonable opportunity to fix it.
• The landlord must have failed to make the repair within that reasonable timeframe.

It's important to note that the specific rules and limitations for "repair and deduct," such as notice requirements, the types of repairs covered, and the maximum amount that can be deducted, vary significantly by state and local laws.

Examples of Repair and Deduct:

• Major Plumbing Leak: Imagine a tenant discovers a severe, continuous leak from the ceiling in their bathroom, making the toilet and shower unusable and creating a risk of water damage to the floor below. The tenant immediately notifies the landlord in writing and follows up multiple times over two weeks, but no repairs are made. Frustrated and unable to use their bathroom, the tenant hires a licensed plumber to fix the leak, paying for the service out-of-pocket.

  This situation illustrates "repair and deduct" because the severe leak is a material defect that renders a crucial part of the residence unusable and poses a health risk. The landlord failed to act within a reasonable amount of time after receiving proper notice. Assuming local laws permit, the tenant could then deduct the plumber's reasonable fee from their next rent payment.

• Non-Functional Essential Appliance: A tenant's rental agreement includes a refrigerator provided by the landlord. One day, the refrigerator completely breaks down, making it impossible to store perishable food. The tenant promptly informs the landlord, who promises to send a repair person but fails to do so for over a week, despite follow-up calls. Facing spoiled food and no means to keep groceries fresh, the tenant purchases a new, reasonably priced replacement refrigerator.

  This scenario demonstrates "repair and deduct" because a functioning refrigerator, when provided by the landlord, is often considered an essential amenity for a habitable living space. The landlord's failure to repair or replace it within a reasonable timeframe after notice allows the tenant to incur the cost of a replacement and deduct it from their rent, provided local regulations support this for essential appliances.

• Severe Pest Infestation: An apartment unit develops a severe infestation of cockroaches that, despite repeated written notices to the landlord over several weeks, is not adequately addressed. The pests are present throughout the kitchen and bathroom, contaminating food preparation areas, damaging property, and posing a significant health hazard. The tenant, after the landlord's continued inaction, hires a professional, licensed exterminator to treat the problem.

  This example fits "repair and deduct" because a severe pest infestation is a material defect that directly impacts the health, safety, and overall habitability of the living space. The landlord's failure to resolve the issue over a reasonable period after receiving notice would allow the tenant to pay for professional extermination and subtract that expense from their rent, subject to local legal limits and procedures.