Legal Definitions - Repair and deduct

Repair and deduct is a legal option for tenants when their landlord fails to make a significant repair in a reasonable amount of time. If the defect is material, which means it makes the living space unlivable, the tenant can repair the issue at their own cost and deduct the cost of the repairs from their rent.

Examples of material defects include a broken heater in the winter or severe structural damage. However, damages caused by the tenant do not fall under repair and deduct.

The laws regulating repair and deduct vary by jurisdiction. Some require tenants to give written notice to the landlord and only allow repair and deduct if the landlord fails to make the repair within a reasonable time. Some jurisdictions limit the amount that can be deducted.

For example, if a tenant's heater breaks in the middle of winter and the landlord fails to repair it within a reasonable amount of time, the tenant can hire a professional to fix it and deduct the cost from their rent. This ensures that the tenant has a habitable living space and holds the landlord accountable for their responsibilities.