{"id":369211,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/realestate\/landlord-tenant-law\/how-does-a-tenant-use-repair-and-deduct.html"},"modified":"2023-10-04T20:29:34","modified_gmt":"2023-10-05T01:29:34","slug":"how-does-a-tenant-use-repair-and-deduct","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/realestate\/landlord-tenant-law\/how-does-a-tenant-use-repair-and-deduct.html","title":{"rendered":"How Does a Tenant Use Repair and Deduct?"},"content":{"rendered":"\n
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How Does a Tenant Use Repair and Deduct?<\/h1>\n
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\n By Melissa McCall, J.D.<\/a> | Legally reviewed by Katrina Wilson, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Every landlord must make major repairs to their rental units. When they don’t, a tenant can repair and deduct the repair cost from the monthly rent. This is not an automatic right. Anyone considering "repair and deduct" should first consult state law and local ordinances, or they may face eviction proceedings for nonpayment of rent.<\/p>\r\n

This article explores the sources of the repair and deduct remedy and how to use repair and deduct.<\/p>\r\n

Sources of Repair and Deduct<\/h2>\r\n

A tenant can only use repair and deduct when the landlord has a legal duty<\/a> to repair major defects. There are two sources of this duty. The first is the lease or rental agreement. The second is under the implied warranty of habitability.<\/p>\r\n

Lease or Rental Agreement<\/h3>\r\n

The lease or rental agreement should contain a clause outlining the landlord’s responsibility for necessary repairs. Typical landlord repairs include the following:<\/p>\r\n