Repairs & habitability
What is "repair and deduct" — and is it legal in my state?
The short answer: repair-and-deduct means you hire a professional to fix a repair your landlord ignored, then subtract the cost from your rent. It's a real legal remedy in some states — and a fast track to an eviction filing in others. This is the guide to read before touching a wrench: the procedure is strict, and skipping a step can turn a valid repair into unpaid rent in your landlord's eyes.
How it works where it's allowed
- Written notice first. Describe the problem, state that it's the landlord's responsibility, and give a deadline. Keep proof it was sent and received.
- Wait the required period. Your state sets this — it varies, and the clock starts when the landlord got your notice, not when the problem started.
- Hire a licensed professional. Not a friend, not yourself — a licensed contractor or tradesperson. Get a written estimate first.
- Stay under the cap. Many states cap the deduction — often around one month's rent — per repair or per year. Exceeding it breaks the protection.
- Deduct with documentation. Send the landlord a copy of the paid invoice with your reduced rent payment, referencing the statute or rule you're using.
When repair-and-deduct fits — and when it doesn't
- Fits: a discrete, professional-grade repair (broken water heater valve, failed lock, dead outlet circuit) that your landlord has ignored past a written deadline.
- Doesn't fit: cosmetic upgrades, huge structural jobs that exceed the cap, anything where the landlord is actively working on it, or repairs you caused.
Repair-and-deduct rules vary enormously by state — authorized in some, prohibited in others, with different notice periods and cost caps. Confirm your state's exact procedure with a tenant-rights organization or legal-aid office before acting.
Repair-and-deduct rules
| Requirement | Detail |
|---|---|
| Written notice first | Landlord gets a chance to fix it — usually 14–30 days |
| Habitability issue | Must affect health/safety, not cosmetics |
| Reasonable cost | Many states cap at one month's rent |
| Licensed pro | DIY receipts are harder to defend |
| Receipts to landlord | With the reduced rent payment, in writing |
Skip a step and the deduction becomes "unpaid rent" — which can start an eviction. Follow the procedure exactly.