Repair and Deduct Calculator: Can I Fix It and Take It Off My Rent?

It depends on the state. Of the 50 states and DC, our reading finds a repair and deduct remedy in 26, though narrowly in two: Idaho only for smoke detectors, and Minnesota only by a court or city board order. Three rule it out (Arkansas, Ohio and South Carolina), and in the other 22 we found no such remedy, so do not deduct on the strength of a general rule. Where it exists it comes with conditions: notice first, a waiting period, and often a limit on the cost. The table above lists every state.

Where the law sets a figure (19 states), it is usually a test on the repair's cost, not an amount you can take off a bigger bill. In Illinois the repair must cost no more than $500 or half of one month's rent, whichever is less; in California, Iowa, Mississippi, Montana and Oklahoma it must cost no more than one month's rent. A repair over the limit gets no deduction at all. Two states cap the deduction itself: Virginia, up to one month's rent or $1,500, whichever is greater, and Hawaii, not more than $1,000 or one month's rent, whichever is greater, with no more than three months' rent in each six-month period. Massachusetts, Missouri, Nevada, Rhode Island and Washington also limit the total over a year or 12 months, so earlier deductions count. The calculator above works out the figure for your rent.

It depends on the state. Counted from your notice, the landlord has 14 days in Illinois, Kentucky, Maine, Massachusetts, Missouri, Nevada, Oklahoma and Virginia; 30 days in California, Delaware, Mississippi and Vermont; 7 days in Oregon and Texas; 10 calendar days in Washington; 12 business days in Hawaii; 20 days in Rhode Island; 3 calendar days in Utah, for a standard of habitability; 72 hours in Idaho, for smoke detectors. In Iowa the notice must come at least 7 days before the rent due date you deduct from. In Massachusetts the clock starts only once a violation is certified and the owner is told in writing. In Louisiana, Montana, North Dakota, Pennsylvania and South Dakota the landlord gets a reasonable time, with no set number of days. In California and Texas the days are a presumption the landlord can argue against, and several states allow action sooner in an emergency. Enter your notice date above to see the earliest day.

It lets a renter pay for a repair the landlord should have made and take the cost off the rent, but only on the terms a state's law sets. Where it exists, the terms usually include notice to the landlord first, a waiting period, a problem that affects health, safety or habitability, a limit on the cost, and receipts or an itemized statement. Some states, such as Mississippi and Utah, also require you to be current on rent. Where we found no such remedy, do not deduct; the calculator lists the other routes the law gives instead, such as code complaints, rent escrow or ending the lease.

Yes. In every state where we found the remedy, the law requires notice to the landlord first, and the waiting period runs from it. Most require it in writing, and some name the method: Illinois, registered or certified mail, restricted delivery; Maine, certified mail, return receipt requested; Idaho, a certified mail letter. California accepts written or oral notice. In Iowa, Maine, Oklahoma and Rhode Island the notice must say you intend to correct the condition at the landlord's expense. Keep a copy and proof of the date the landlord received it. The calculator above drafts a notice you can fill in.