Question 1

Can a tenant repair and deduct from rent in California?

Accepted Answer

Yes, within limits. In California, if a landlord does not repair conditions that make the home untenantable within a reasonable time after notice, the tenant may make the repair and deduct its cost from the rent when it costs no more than one month’s rent, or move out and owe no further rent. The remedy may be used no more than twice in any 12 months, acting after the 30th day following notice is presumed to be a reasonable time, and it is not available for damage the tenant caused. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is Cal. Civ. Code § 1942.

Question 2

Can a tenant repair and deduct from rent in Texas?

Accepted Answer

Yes, within limits. In Texas, once a landlord is liable for failing to repair a condition that materially affects health or safety after the notices the Property Code requires, the tenant may in the listed situations have it repaired and deduct the cost from a later rent payment, up to one month’s rent or $500, whichever is greater, in any one month. The tenant must not have been behind on rent when notice was given, and the lease must describe these remedies in underlined or bold print. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is Tex. Prop. Code §§ 92.056, 92.0561.

Question 3

Can a tenant repair and deduct from rent in Illinois?

Accepted Answer

Yes, within limits. In Illinois, if a required repair costs no more than $500 or half a month’s rent, whichever is less, and the landlord does not make it within 14 days after the tenant’s notice by registered or certified mail (sooner in an emergency), the tenant may have it made in a workmanlike manner and deduct the amount of a paid bill from a tradesman or supplier unrelated to the tenant. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is 765 ILCS 742/5.

Question 4

Can a tenant repair and deduct from rent in Virginia?

Accepted Answer

Yes, within limits. In Virginia, if a landlord does not take reasonable steps within 14 days after written notice of a serious condition, such as a lack of heat or water, a fire hazard or a rodent infestation, the tenant may hire a licensed contractor or pest control business and deduct the actual cost, up to one month’s rent or $1,500, whichever is greater, after giving the landlord an itemized statement with receipts. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is Va. Code § 55.1-1244.1.

Question 5

Can a tenant repair and deduct from rent in Washington?

Accepted Answer

Yes, within limits. In Washington, after notice and the required waiting period, a tenant may have a licensed or capable person make a repair and deduct up to two months’ rent per repair and per year after giving the landlord a good-faith estimate, or make a repair personally that costs no more than one month’s rent, up to one month’s rent a year. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is RCW 59.18.100.

Question 6

Can a tenant repair and deduct from rent in Arizona?

Accepted Answer

Yes, within limits. In Arizona, if a landlord does not fix a habitability problem within ten days after the tenant’s written notice (sooner in an emergency), and the repair costs less than $300 or half a month’s rent, whichever is greater, the tenant may have a licensed contractor do the work and deduct the cost from the rent after giving the landlord an itemized statement and a lien waiver. The remedy is not available for damage the tenant or the tenant’s household caused. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is A.R.S. § 33-1363.

Question 7

Can a tenant repair and deduct from rent in Massachusetts?

Accepted Answer

Yes, within limits. In Massachusetts, once a board of health or code agency certifies a violation that endangers health or safety, and the owner, notified in writing, does not begin repairs within five days and substantially complete them within fourteen, the tenant may make the repairs and deduct the cost from the rent, up to four months’ rent in any twelve months. An owner may recover an unreasonable or excessive deduction in a separate action, but not in an eviction case. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is M.G.L. c. 111, § 127L.

Question 8

Can a tenant repair and deduct from rent in Nevada?

Accepted Answer

Yes, within limits. In Nevada, if a landlord does not use best efforts to fix a habitability problem within 14 days after written notice (sooner in an emergency), and the repair costs less than $100 or one month’s rent, whichever is greater, the tenant may have the work done and deduct the cost after giving the landlord an itemized statement. The landlord’s liability under this section is limited to $100 or one month’s rent, whichever is greater, in any 12 months. Each step has to be followed as the statute sets it out, including the written notice and the waiting period, or the deduction can be treated as unpaid rent. This is NRS 118A.360.

State	Repair and deduct	Source
Arizona	Up to $300 or half a month’s rent, whichever is greater	A.R.S. § 33-1363
California	Up to one month’s rent, twice a year	Cal. Civ. Code § 1942
Delaware	Up to $400 or half a month’s rent, whichever is less	25 Del. C. § 5307
Hawaii	Up to $1,000 or one month’s rent, whichever is greater	Haw. Rev. Stat. § 521-64
Illinois	Up to $500 or half a month’s rent, whichever is less	765 ILCS 742/5
Iowa	Essential services only	Iowa Code § 562A.23
Kentucky	Up to $100 or half a month’s rent (URLTA areas)	KRS § 383.635; KRS § 383.500
Maine	Up to $500 or half a month’s rent, whichever is greater	14 M.R.S. § 6026
Massachusetts	Up to four months’ rent a year, after a code certification	M.G.L. c. 111, § 127L
Missouri	Up to $300 or half a month’s rent, whichever is greater	Mo. Rev. Stat. § 441.234
Montana	Up to one month’s rent	Mont. Code § 70-24-406
Nevada	Up to $100 or one month’s rent a year, whichever is greater	NRS 118A.360
Oregon	Up to $300	ORS 90.368
Rhode Island	Up to $500 a year	R.I. Gen. Laws § 34-18-30
South Carolina	Essential services only; no repair and deduct	S.C. Code § 27-40-630
Texas	Up to one month’s rent or $500, whichever is greater	Tex. Prop. Code §§ 92.056, 92.0561
Vermont	Up to half a month’s rent	9 V.S.A. § 4459
Virginia	Up to one month’s rent or $1,500, whichever is greater	Va. Code § 55.1-1244.1
Washington	Up to two months’ rent a year with a contractor	RCW 59.18.100

Can a tenant repair and deduct from rent?

Repair and deduct, state by state

The answer in full, for the biggest rental markets