rental deductions

[GerriRen]

my tenant has rented for 13 yrs.(brother in law) He has replaced windows, doors, storms windows, etc. without our written permission..now wants to deduct this from past due
rent. His list was long but some cosmetics..pulled up carpets to finish wooden floors, fixed a fence, etc. He is
in construction business...didn't ask, didn't show sales slips,..a real con artist. He is leaving 5/3l. Does repair and deduct law come into effect. Leases state written permission. please help. jobs done within last 5 yrs. Old rent due from 89-94..didn't evict because of 2 small nieces!
my fault but can he deduct and can I take him to court for past rent? many letters and meetings were held to no avail?
thanks.

 

[LL]

You didn't say what state you are in, so check your state repair & deduct law.

In general, the idea of repair and deduct is that the premises are worth less because it needed serious repair and so you wouldn't have to pay except the reduced amount. However, in most states, the requirement to use this includes a) the needed repairs are a matter of habitability, b) amount must be less than 1 months rent, c) tenant can use this only maybe once a year or even less, and d) lanldord must have been given notice and opportunity do perform repairs himself.

Finishing wooden floors or fixing fence are not matters of habitability.
Neither are windows, doors, storms windows, etc.

[Edited by LL on 05-04-2001 at 04:53 PM]