By law, renters are entitled to a habitable property that meets state and municipal housing and health codes. If the property needs repair and the condition affects the health or safety of the tenant, the landlord is obligated to take care of it. 

However, if the landlord does not make the necessary repairs in a timely manner, the tenant has several options. Tenants may withhold rent, tenants can pay for the repairs and deduct the cost from the rent, or tenants can cover the cost of repairs and pursue legal action against the landlord to recover the expense.

How do you know which option is appropriate for your situation? It is wise to hire an experienced tenant law attorney to help you navigate this issue. Contact our office today to schedule a consultation.

When Is It Appropriate to Withhold Rent?

In some circumstances, the landlord’s failure to make repairs is grounds for withholding rent. When the property needs repair for a condition not caused by the carelessness, neglect, or deliberate act of the tenant, the tenant may withhold rent until such repair is made to restore the property to a safe, healthy, and habitable condition. However, before withholding rent, the tenant must give the landlord notice and reasonable opportunity to complete the repair.

When Can A Tenant Make Repairs And Deduct Rent?

If the landlord is given proper notice and reasonable opportunity to make the repair and fails to do so within thirty days, the tenant can complete the repair himself and deduct costs from the rent. However, this legal remedy is limited. Tenants may only use the repair and deduct remedy twice in twelve months and may only deduct an amount equal to the monthly rent. If repair costs exceed the cost of monthly rent, tenants may not deduct future rent to recover the difference.

What Are the Repercussions of Withholding Rent?

Though a tenant may have good cause to withhold rent, the landlord may disagree and pursue eviction for the tenant’s failure to pay rent. Because the repair and deduct remedy and withholding rent until repairs are complete have associated risks, it is important to document all communication regarding the repairs including written requests for repairs, any response from the landlord, and any quotes or receipts for tenant-funded repairs. This documentation will be important evidence for a tenant who is being wrongfully evicted for not paying rent under these circumstances.

What Alternatives Are There to Repairing and Deducting Rent?

To avoid the risk and inconvenience of a wrongful eviction action, it may be best to continue paying rent, pay for the necessary repairs, and file a lawsuit or Rent Board petition to recover the cost of repairs. However, withholding rent is an option for ongoing problems that cannot simply be repaired through one rent-deducted repair cost. It may also be appropriate to withhold only a portion of the amount of rent due based on the effect of the condition or to completely stop paying rent if the condition is so bad, the tenant is forced to vacate.

If you have questions about your specific situation, please contact Schwimer Weinstein today for an initial consultation.