§PlainStatute

Housing · Repair and Deduct

Repair and Deduct: How Much a Tenant Can Subtract

How much of the rent a tenant can spend on a repair and subtract, how often, and the notice required, in each state, plus the states that use rent withholding instead of a deduction. Each cited to the statute.

6 of 50 states published. 3 verified against the official statute; the rest drafted from corroborating sources, including states where the remedy is case-law rather than a statute.Only three of these states have a statutory repair-and-deduct. The others use rent withholding or a court-recognized remedy, and saying so honestly matters.

Read this first: not every state has this remedy

Repair-and-deduct lets a tenant pay for a repair the landlord ignores and subtract the cost from rent. Only three of these states put it in statute: California (one month’s rent, twice a year), Texas (the greater of one month’s rent or $500), and Illinois (the lesser of $500 or half a month’s rent statewide, with Chicago more generous).

The other three do not have a statutory repair-and-deduct, and the honest answer is to use a different tool. Florida gives rent withholding, with the rent paid into the court registry. New York has only a court-recognized version under the warranty of habitability, with no cap. Pennsylvania relies on case law, limited to the total rent due. Every one requires notice and a chance to fix first. Every figure links to the source, and pages still pending verification say so.

Pick your state

The cost cap or the alternative remedy, the notice period, and the statute on each card.

C

CA
California
One month’s rent
Cost cap
Notice period30 days (presumed)
Statute§1942

F

FL
Florida
Not a statutory remedy
Cost cap
Notice period7 days (then withhold)
Statute§83.60

I

IL
IllinoisDraft
$500 or ½ month’s rent (lesser)
Cost cap
Notice period14 days
Statute765 ILCS 742/5

N

NY
New York
No statutory cap
Cost cap
Notice periodReasonable time
Statute§235-b

P

PA
PennsylvaniaDraft
No statutory cap
Cost cap
Notice periodReasonable time
StatutePugh v. Holmes, 486 Pa. 272

T

TX
TexasDraft
One month’s rent or $500
Cost cap
Notice period7 days (after 2nd notice)
Statute§92.0561

What these pages are, and what they aren't

Each state page is a reference for the repair-and-deduct rule, or the remedy used instead, and the neutral steps to use it. They are deliberately not advice for your tenancy: the notice steps, the cap, and local ordinances can all change the answer, so each page links to the statute and a way to reach a tenant resource or attorney. This is legal information, not legal advice.