Repair and deduct: In order to use the repair and deduct remedy, a tenant must be current in rent and must have given the landlord 30 days written notice. Notice : No notice is required to terminate a tenancy if the landlord has committed a substantial violation that materially affects health and safety. Warning: If the problem was caused by a tenant or his guest, or if notice was not properly given, a tenant may be in breach of the lease by canceling or using repair and deduct. If the landlord does not repair after 30 days, a tenant may (1) cancel the lease, (2) use the repair and deduct remedy or (3) bring suit against the landlord in justice court to make the repairs. What should the tenant do if the landlord does not repair after 30 days? Tenants should date the notice, keep a copy, and make a note on his copy of the day and manner of delivery of the notice to the landlord. What steps should a tenant take to obtain repairs?Ī tenant must give the landlord 30 days notice, in writing, stating the specific defect that needs repair. Landlords have a duty to provide premises free of dangerous defects and to repair dangerously defective conditions.
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