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Q.How Does The "Repair and Deduct" Remedy Work?
A.To use the Repair and Deduct Remedy, all of the following conditions must be met:
- The defect(s) must be serious and detrimental to the tenant's health and safety;
- The defect(s) must not have been caused by the tenant nor any of the tenant's relatives, guests, or pets;
- The cost to repair the defect(s) must not exceed ore month's rent;
- The tenant must not use the repair and deduct remedy more than twice in any 12-month period;
- The tenant must inform the landlord of the needed repairs (a certified letter is preferred); and
- The tenant must give the landlord a reasonable period of time to make the needed repairs (Typically 30 days is considered reasonable, but if the only toilet in the unit isn't working 24-48 hours may be sufficient).
If all of the above conditions have been met and the landlord has failed to make the repairs, the tenant may either make the repairs or hire someone to do them. The tenant should keep all receipts for the repairs. When the following month's rent is due, the tenant should send a letter along with the rent check explaining the deduction and attaching a copy of the receipts.
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