Tenant may deduct cost of repair of rental premises from rent, when
If someone has rented a home for at least six months, paid all rent on time, and had no lease violations, they may be able to fix certain problems in the home and subtract the cost from rent. The problem must violate a local housing or building code, and the fix must cost less than $300 or half the monthly rent (whichever is more), but never more than one month's rent. The tenant must first tell the landlord in writing and wait 14 days. If the landlord still does not fix it, the tenant can hire someone to do the job properly, then send the landlord the receipts and subtract that amount from rent. A tenant cannot do this if the tenant, their family, or their guests caused the problem, and no more than one month's rent total can be deducted this way in any 12-month period.
441.234. may deduct cost of repair of rental from rent, when — limitations. — 1. The of this section shall apply only to a tenant who has lawfully resided on the rental premises for six months, has paid all rent and charges due the landlord during that time, and did not during that time receive any written notice from the landlord of any violation of any or house , which violation was not subsequently cured.
2. If there exists a condition on residential premises which detrimentally affects the , or of the premises, and the condition constitutes a violation of a local housing or building code, and the reasonable cost to correct the condition is less than three hundred dollars, or one-half of the , whichever is greater, provided that the cost may not exceed one month's rent, the tenant may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. If the landlord fails to correct the condition within fourteen days after being notified by the tenant in writing or as promptly as required in case of an emergency, the tenant may cause the work to be done in a and, after submitting to the landlord an , including receipts, deduct from the rent the actual and reasonable cost of the work, as documented by the receipts, not exceeding the amount specified in this ; provided, however, if the landlord provides to the tenant within said notice period a written statement disputing the necessity of the repair, then the tenant may not deduct the cost of the repair from the rent without securing, before the repair is performed, a written from the local or government that the condition requiring repair constitutes a violation of local municipal housing or building code. In the event of such certification, the tenant may cause the work to be done as described herein if the landlord fails to correct the condition within fourteen days after the date of said certification or the date of the notice from the tenant, whichever is later, or as promptly as required in case of an emergency. The tenant's provided herein is not of any other which may be available to the tenant under the law. No shall contain a of the rights described in this section.
3. A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or act or of the tenant, a member of the tenant's family, or other person on the premises with tenant's . A tenant may not deduct more than the amount of one month's rent during any twelve-month period.
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Source & history notes
(L. 1997 H.B. 361)
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