Do I have the right to withhold a portion of the rent equal to the repair cost?
Full Question:
I am renting a house and recently paid to repair the refrigerator that belongs to the landlord. He is refusing to reimburse me for the repair cost. Our lease clearly states that the landlord is responsible for repairs in the home. The landlord is claiming that I am responsible for keeping the house in the same condition as when I moved in. Do I have the right to withhold a portion of the rent equal to the repair cost?
01/15/2009 |
Category: Landlord Ten... ยป Repairs |
State: Missouri |
#15003
Answer:
Please see the following Missouri statute to determine applicability:
441.234.
Tenant may deduct cost of repair of rental premises from rent,
when — limitations. —
1. The provisions of this section shall apply only to a tenant who has
lawfully resided on the rental premises for six consecutive months, has
paid all rent and charges due the landlord during that time, and did not
during that time receive any written notice from the landlord of any
violation of any lease provision or house rule, which violation was not
subsequently cured.
2. If there exists a condition on residential premises which
detrimentally affects the habitability, sanitation or security of the
premises, and the condition constitutes a violation of a local municipal
housing or building code, and the reasonable cost to correct the
condition is less than three hundred dollars, or one-half of the periodic
rent, whichever is greater, provided that the cost may not exceed one
month's rent, the tenant may notify the landlord of the tenant's
intention to correct the condition at the landlord's expense. If the
landlord fails to correct the condition within fourteen days after being
notified by the tenant in writing or as promptly as required in case of
an emergency, the tenant may cause the work to be done in a workmanlike
manner and, after submitting to the landlord an itemized statement,
including receipts, deduct from the rent the actual and reasonable cost
of the work, as documented by the receipts, not exceeding the amount
specified in this subsection; provided, however, if the landlord provides
to the tenant within said notice period a written statement disputing the
necessity of the repair, then the tenant may not deduct the cost of the
repair from the rent without securing, before the repair is performed, a
written certification from the local municipality or government entity
that the condition requiring repair constitutes a violation of local
municipal housing or building code. In the event of such certification,
the tenant may cause the work to be done as described herein if the
landlord fails to correct the condition within fourteen days after the
date of said certification or the date of the notice from the tenant,
whichever is later, or as promptly as required in case of an emergency.
The tenant's remedy provided herein is not exclusive of any other
remedies which may be available to the tenant under the law. No lease
agreement shall contain a waiver of the rights described in this
section.
3. A tenant may not repair at the landlord's expense if the condition was
caused by the deliberate or negligent act or omission of the tenant, a
member of the tenant's family, or other person on the premises with
tenant's consent. A tenant may not deduct in the aggregate more than the
amount of one month's rent during any twelve-month period.