ABA Family Legal Guide

Renting Residential Property

Maintaining Rental Property

Repair and Deduct

Are there any limitations on the use of repair and deduct?

Local laws may place a maximum dollar amount that the tenant can spend on repairs. For example, a Chicago ordinance limits a tenant's repairs to $500. Some laws limit repair costs to one month's rent.

However, in jurisdictions that have no explicit repair and deduct legislation and rely on the implied warranty of habitability, the right to use repair and deduct is limited only by the reasonableness of the repairs. Therefore, under the right circumstances, a tenant may even be able to buy a new furnace and deduct the cost from the rent.