A tenant can do any one or all of these at the same time. The only instance where these remedies are not available is if the tenant or the tenant’s guests caused the problem negligently or deliberately. If you are considering any of these options, seek legal advice.
Minor Problems: Repair and Deduct
For minor problems that violate the housing code, the warranty of habitability, or the terms of the rental agreement, the tenant has the option of repairing the problems and deducting the cost from the next month’s rent.
In order to repair and deduct, a tenant must first give the landlord notice of the problem, preferably in writing. If the landlord fails to make the repairs within 30 days of being notified, the tenant may make the repair and deduct from the rent the actual and reasonable cost of the work, but no more than one half of one month’s rent. The tenant must give the landlord written notice of the cost of the repairs when the deduction is made, along with receipts if available. Repair and deduct is not an option if the problem was deliberately or negligently caused by the tenant or the tenant’s guests.
Renter’s Insurance
Most landlords have insurance on their buildings, but this insurance does not cover a tenant’s personal belongings. Renter’s insurance or “content of apartment” insurance is inexpensive and usually covers vandalism, theft, fire, and water damage. If tenants have possessions of value, it is a good thing to have. A comprehensive policy is available through most insurance agencies for about $60-$100 per year. Tenants who have car insurance can often get renter's insurance through the same company as a package for very little extra.
Security Deposits
A security deposit is any deposit or prepaid rent that is refundable to the tenant when the tenant moves out. It should be used only for damages beyond normal wear and tear, unpaid rent or utility bills owed by the tenant, or to cover expenses for removing belongings left behind after a tenant has moved out.
The landlord must return the security deposit by hand delivering or mailing it to the tenant’s last known address within 14 days from the day the tenant
On Your Own, 2008 Edition 39
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