441.234. Tenant may deduct cost of repair of rental premises from rent, when--limitations.
Tenant may deduct cost of repair of rental premises from rent,when--limitations.
441.234. 1. The provisions of this section shall apply only to atenant who has lawfully resided on the rental premises for six consecutivemonths, has paid all rent and charges due the landlord during that time,and did not during that time receive any written notice from the landlordof any violation of any lease provision or house rule, which violation wasnot subsequently cured.
2. If there exists a condition on residential premises whichdetrimentally affects the habitability, sanitation or security of thepremises, and the condition constitutes a violation of a local municipalhousing or building code, and the reasonable cost to correct the conditionis less than three hundred dollars, or one-half of the periodic rent,whichever is greater, provided that the cost may not exceed one month'srent, the tenant may notify the landlord of the tenant's intention tocorrect the condition at the landlord's expense. If the landlord fails tocorrect the condition within fourteen days after being notified by thetenant in writing or as promptly as required in case of an emergency, thetenant may cause the work to be done in a workmanlike manner and, aftersubmitting to the landlord an itemized statement, including receipts,deduct from the rent the actual and reasonable cost of the work, asdocumented by the receipts, not exceeding the amount specified in thissubsection; provided, however, if the landlord provides to the tenantwithin said notice period a written statement disputing the necessity ofthe repair, then the tenant may not deduct the cost of the repair from therent without securing, before the repair is performed, a writtencertification from the local municipality or government entity that thecondition requiring repair constitutes a violation of local municipalhousing or building code. In the event of such certification, the tenantmay cause the work to be done as described herein if the landlord fails tocorrect the condition within fourteen days after the date of saidcertification or the date of the notice from the tenant, whichever islater, or as promptly as required in case of an emergency. The tenant'sremedy provided herein is not exclusive of any other remedies which may beavailable to the tenant under the law. No lease agreement shall contain awaiver of the rights described in this section.
3. A tenant may not repair at the landlord's expense if the conditionwas caused by the deliberate or negligent act or omission of the tenant, amember of the tenant's family, or other person on the premises withtenant's consent. A tenant may not deduct in the aggregate more than theamount of one month's rent during any twelve-month period.
(L. 1997 H.B. 361)