{"id":369211,"date":"2016-04-04T10:47:16","date_gmt":"2016-04-04T15:47:16","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/realestate\/landlord-tenant-law\/how-does-a-tenant-use-repair-and-deduct.html"},"modified":"2026-09-14T20:29:00","modified_gmt":"2026-09-15T01:29:00","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\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\n\n

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Key Takeaways<\/h2>\n
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A tenant can use repair and deduct only when the landlord has a legal duty to fix a serious defect and fails to do so after proper written notice and a reasonable waiting period. If state law allows it, the tenant may hire a qualified professional to complete the repair and subtract the cost from the next month\u2019s rent. Requirements vary by state and city, so reviewing local laws and your lease teams helps ensure you use repair and deduct without risking nonpayment or eviction.<\/p>\n<\/div>\n<\/div>\n<\/div>\n\n <\/div>\n <\/div>\n<\/div>\n\n

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Every landlord must make major repairs to their rental units. If they don’t, a tenant can repair the issue and deduct the cost from the monthly rent. But 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>\n

This article explains the sources of the repair-and-deduct remedy and how to use it. For targeted legal advice, contact a landlord-attorney near you<\/a>. They can explain how your local laws and lease terms apply to your situation and ensure you use repair and deduct correctly.<\/p>\n

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

A tenant can only use repair and deduct when the landlord has a\u00a0legal duty<\/a>\u00a0to 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>\n

Lease or Rental Agreement<\/h3>\n

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