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Repair and Deduct: Can I Fix It and Subtract It from My Rent?

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Author: Phil Storey

If your landlord won't fix a problem that may affect your health or safety or could cause a fire, Virginia law gives you another option. You can hire a contractor to make the repairs and then subtract the cost from your rent. This is called "repair and deduct."

You do not need to get permission from the court to do this. But there are strict rules. If you do not follow every step, you could end up in trouble. Read this article carefully before you do anything. Best of all, contact your local legal aid to see if an attorney can help you through the process.

When can I use repair and deduct?

You can use this option only if the bad conditions may affect your health or safety and your landlord has not fixed it.

You cannot use this option if:

  • You, a household member, or a guest caused the problem.
  • You hire someone who is not a licensed contractor for physical repairs or licensed pesticide business for extermination.

Important: Even if you are eligible to use repair and deduct, you still need to follow the steps below. Skipping steps could put you at risk.

You can subtract up to $1,500 or one month's rent from your rent payment. The limit is whichever amount is higher. For example: if your rent is $2,000 a month, you can subtract up to $2,000. If your rent is $900 a month, you can subtract up to $1,500.

How to use repair and deduct

  1. Give your landlord a written notice. Explain exactly what conditions need to be fixed. You can send the notice by mail, email, or text. For the strongest proof, use certified mail with return receipt requested. Keep a copy of the notice for yourself.
  2. Wait 14 days. Give your landlord 14 days to start the repairs. Also give them access to your home so they can do the work.
  3. If they don't start to fix the problem in 14 days, write to your landlord saying that you are going to hire someone to fix it under the “repair and deduct” law.
  4. If your landlord doesn’t respond and start to fix the problem, hire a contractor or pesticide business licensed by the state. Do not hire someone who is not licensed.
  5. Keep the invoice. Get a detailed list of the services and an invoice from the contractor or pesticide business.
  6. Give your landlord the invoice and ask them to pay it. Send them the list of services performed and the invoice. Include the receipts if you have already paid for the services. Ask your landlord to pay the invoice or to reimburse you what you already paid on it.
  7. Subtract the cost from your next rent payment. If the landlord will not pay the invoice or reimburse you, you can subtract the cost from your next month’s rent. You can subtract up to $1,500 or one month's rent, whichever is higher.

What if a nonprofit or charity paid for the repair?

You can still subtract the value of the repair from your rent, even if a faith group, charity, nonprofit, or government agency paid the invoice or if the contractor or pesticide business donated the services. But you must get an invoice.

Does the contractor or pesticide business have to be licensed?

Yes. The contractor or pesticide business must be licensed by Virginia. You cannot subtract repair costs from your rent if the work was done by someone without a license, including yourself. 

For pesticide companies, check to make sure they have a license with Virginia’s Department of Agriculture.

For other types of contractors, check with Virginia’s Department of Professional & Occupational Regulation.

Is repair and deduct risky?

Your landlord may disagree with you deducting the costs of fixing the problem from your rent. They could file an eviction case against you for not paying full rent. You would then have to show the judge you did everything correctly under the law. That’s why you must follow every step exactly and keep the proof. Before you do anything, look for legal help:

What are my other options?

Repair and deduct is just one of three options if your landlord won't make repairs. The other options are: