Letter of Intent to Repair & Deduct From Rent
You've tried talking to your landlord. You've filed maintenance request after maintenance request. For whatever reason, your landlord either cannot or will not make necessary repairs to your unit. In this case, you may be eligible for a "repair and deduct." This is when you notify your landlord that you intend to find your own contractor to make necessary repairs, and then deduct the cost from your rent.
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Repair and Deduct Laws
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Repair and deduct laws vary from one state to another. Before you sit down to write your letter, you should familiarize yourself with specific state laws on the matter. In some states, such as Washington, you cannot do a repair and deduct if you owe even a dollar in back rent to your landlord. Chances are that your landlord will not appreciate your repair and deduct letter. This makes it absolutely essential that you follow the letter of the law.
Prior Options
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There are other options you should exhaust before you write a repair and deduct letter. This will help you to cover yourself in the event that it comes to a repair and deduct, as many states require you to make due diligence before taking such an action. At a bare minimum, other than filling out maintenance requests, you should contact inspectors. If this fails to resolve the problem, consider contacting the local rent board or fair housing commission.
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Drafting Your Letter
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A repair and deduct letter necessarily includes certain information, regardless of the jurisdiction in which you live. You must tell your landlord that you intend to do a repair and deduct if repairs aren't made in a certain time frame -- often 30 days. Describe the necessary repairs in the letter. Photocopy the letter so that you have a copy of your own. When you send the letter, make sure that you send it certified mail, which requires the landlord to sign for the letter and so proves that he received it.
Getting Repairs
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After the deadline passes you may have the repairs made. Some states have limits on how much the repairs can cost, so check state and local statutes. Keep your receipt for the repairs and take pictures of the "before and after" if possible. You may want to invite your landlord to inspect the repairs, and in some jurisdictions the landlord has a right to view such repairs. Make copies of all receipts and include them with your rent check for the month when you make the deduction.
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References
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