Repair and Deduct: Fixing Problems Your Landlord Won't

Repair and deduct lets you pay for a repair your landlord was legally required to make and subtract the cost from your rent, but only where state law allows it and only if you follow that state's steps exactly. In the states this guide covers, California, Illinois, Massachusetts, Texas, and Washington set the rules by statute, with caps that range from the lesser of $500 or half a month's rent in Illinois to four months' rent a year in Massachusetts. New Jersey and Pennsylvania allow it under court decisions, New York allows it in extenuating circumstances, and Florida and Maryland offer rent withholding or court-supervised rent escrow instead.

Which states allow it, and what are the limits?

Repair and deduct is one of several remedies when a landlord fails to keep up your right to a habitable home, and each state attaches its own cap, waiting period, and paperwork.

How to use repair and deduct, step by step

1. Confirm the problem qualifies. It must be a defect the landlord is required to fix. In California, Massachusetts, New Jersey, and Texas it must also affect health, safety, or a vital facility, so a problem that only affects appearance does not qualify; Illinois is broader and covers any repair your lease or a law or local code requires. Damage that you, your household, or your guests caused does not qualify in California, Illinois, Massachusetts, New Jersey, Pennsylvania, or Texas, and Illinois's law does not cover owner-occupied buildings with six or fewer units, condominiums, co-ops, public housing, or mobile homes.
2. Make sure your rent is current. Texas requires it when you give notice, Washington requires current rent and any utilities you agreed to pay, and Pennsylvania's legal aid network lists the same condition for its court-made remedy.
3. Give notice the way your state requires, and keep proof. Illinois's notice must say you intend to have the repair made at the landlord's expense, and in Texas at least one notice must say you intend to make the repair and describe it. Texas requires notice where you pay rent, followed by a second written notice after the landlord has had a reasonable time to repair, unless the first notice went by certified mail or another tracked service, and the remedy applies only if the landlord has not made a diligent effort to fix the problem. New Jersey's and Pennsylvania's tenant guides recommend certified mail with a return receipt, which proves when the landlord got the notice.
4. Wait the full period. Count from when the landlord received your last required notice. Our guide to repair response timelines explains what counts as a reasonable time for common problems.
5. Hire the right person and stay under the cap. For Texas leases signed or renewed since September 1, 2025, the work must be done by an independent company or contractor, licensed if your city requires it, and not by you, your family, your employer, or your own company unless the landlord agrees. Washington lets you do the work yourself only when it costs no more than one month's rent, does not legally require a licensed worker, and is inside your unit.
6. Deliver the bill with your reduced rent. Give the landlord a copy of the paid bill or a signed receipt when you pay the rest of the rent. Texas requires the bill and proof of payment, Illinois requires the tradesperson's name, address, and phone number if the bill does not show them, and Washington lets the landlord inspect the finished work before you deduct.

How a misstep turns into unpaid rent and an eviction case

If you deduct without meeting every condition, the landlord can treat the shortfall as unpaid rent. In California, a landlord can respond to a deduction for a defect that was not serious enough, or one made without proper notice or a reasonable wait, with a 3-day notice to pay rent or quit and an eviction case, and the court can order you to pay full rent even though you paid for the repair. Illinois says outright that a tenant cannot use the remedy as a defense to an eviction or rent claim unless every requirement was met.

In New Jersey, the landlord can still sue for nonpayment, and you must prove the defect, the notice, and the need for the repair. The court will very likely require you to deposit the full rent with it. Massachusetts limits the landlord's options: a landlord who believes you deducted too much can sue for the excess, but cannot evict you over it.

California law treats a rent increase, service cut, or eviction attempt in response to repair and deduct as retaliation, and our guide to retaliation protections covers each state's rules.

What to do in Florida and Maryland

Florida law gives you a withholding defense instead of a repair-and-deduct right. Deliver written notice that describes the problem and says you will not pay rent because of it; after 7 days, you can withhold rent, and if the landlord sues for possession, a serious failure to maintain the unit is a complete defense, with rent reduced to reflect the lost value. To raise that defense in an eviction case, you must pay the rent claimed into the court registry (an account the court holds), or file a motion asking the court to set the amount, within 5 days of being served, not counting weekends and holidays, and keep paying rent into the registry as it comes due. Missing that step waives every defense except payment.

Maryland uses rent escrow: you pay rent into court instead of to the landlord. Notify the landlord of a dangerous defect, such as no heat, water, or electricity, a structural hazard, or rodents in two or more units, by certified mail, actual notice, or a government violation notice. If the landlord does not fix it within a reasonable time, you can file for rent escrow, and a judge can order repairs, reduce the rent, or release escrowed rent to you or someone else to pay for the repairs. Our guide to withholding rent explains how withholding works in other states, and your basic tenant rights covers the landlord's repair duties.