Can I make repairs and deduct the amount from my rent?
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Can I make repairs and deduct the amount from my rent?
Asked on September 19, 2011 under Real Estate Law, Mississippi
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You really didn't give any specifics. However, by way of background every residential lease (writtenor oral) contains what is known as an implied "warranty of habitability". This is essentially a guarantee that gives a tenant the right to live in a safe and clean premises. As a consequence, if a landlord refuses to make necessary repairs, a tenant may have the right to:
- Repair and Deduct - repair the problem and then charge their landlord for the cost of the repair; as well as
- Terminate the Lease - end their tenancy and vacate the premises; or
- Withhold Rent - refuse to make any further rental payments until the repair is properly made.
However, before pursuing any of these remedies you should first consult with a landlord-tenant attorney. If you fail to follow proper procedures you could be held financially liable for attempting any of these self-help measures. At this point you really should consult with an attorney or contact a tenant's rights organization.
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