Repair and Deduct

What it means

Repair and deduct is when a tenant pays for a necessary repair that the landlord refused to make, then subtracts that cost from the next rent payment. New York courts allow this in some situations, but it is risky if done wrong. The tenant must show the problem was serious (affecting health or safety), the landlord was notified in writing and given a reasonable time to fix it, and the repair cost was reasonable. Getting legal advice before doing this is strongly recommended — a landlord who does not agree can file for nonpayment of rent.

When you might hear this

You hear this when a tenant's landlord will not fix something important — like a broken heater or a leak — and the tenant hires someone to fix it and takes the cost out of the rent.

What to ask