Tenants have a legal right to a safe, habitable rental. But what if repairs are ignored? Both Oregon and California give tenants the right to make certain urgent repairs and deduct the cost from rent—if strict rules are followed. Here’s a breakdown of when “repair and deduct” is legal, step-by-step guides, and documentation tips for both sides.
Key takeaways
- Tenants may only repair and deduct for essential habitability problems (heat, plumbing, locks, serious leaks) after written notice and a waiting period.
- The law caps how much a tenant can deduct (Oregon: $300 per 12 months; California: up to one month’s rent, max twice per year).
- Poor documentation or skipping steps can result in eviction for nonpayment.
- Landlords should use apps (like Chez‑Moi) to track all repair requests, status, and communications for legal protection.
What Repairs Qualify?
- No heat or hot water
- Broken toilets, sinks, or showers (no working alternative)
- Severe leaks or roof failure
- Broken locks, windows, doors that affect safety
- Not covered: Cosmetic issues, appliances not required by law or lease, minor nuisances
Oregon “Repair and Deduct” Process
- Send a written repair request to the landlord (best done via registered mail or a platform like Chez‑Moi).
- Wait for a “reasonable time” (typically 7 days for most issues, 24–48 hours for emergencies).
- If not fixed, get two written bids from licensed/qualified contractors.
- Give the landlord the final chance to pick a contractor or fix the problem.
- If no response, hire the lowest bidder and keep all receipts.
- Deduct up to $300 once per year and provide copies of all receipts with your next rent payment.
California “Repair and Deduct” Law
- Allowed for habitability violations after written notice and “reasonable time.”
- Deduction limited to one month’s rent, maximum twice per 12-month period.
- Tenant must not have caused the problem and must provide copies of all receipts.
- Some cities have stricter rent board rules or tenant protections—check local ordinances.
Best Practices for Documentation
- Always use written communication and save every message (email, app, or letter).
- Take date-stamped photos/video before and after repairs (Chez‑Moi allows direct uploads to the work order).
- Keep copies of all bids, receipts, and contractor licenses.
- Notify the landlord in writing of your intent to deduct and attach all evidence with rent payment.
Chez‑Moi Pro Tip: Use the in-app repair request and upload system to create a legal record, timestamped, and easily downloadable if you ever need it for court.
Landlord Defenses & Disputes
- Landlords can refuse deduction if repairs weren’t truly urgent, not done by licensed pros, or if tenant skipped required steps.
- Disputes usually end up in small claims or housing court, where documentation and inspection logs are key.
- If tenant withholds rent for a non-qualifying repair, landlord may file for eviction—courts will look at evidence from both sides.
Tip: If you’re unsure, call your local tenants’ union, legal aid, or property manager before deducting.
Caution: Tenants who skip steps risk eviction. Landlords who ignore urgent repairs risk triple damages.[1]