Can I withhold rent for refrigerator repairs I paid for?

Full question:

I am renting a house and recently paid to repair the refrigerator that belongs to the landlord. He is refusing to reimburse me for the repair cost. Our lease clearly states that the landlord is responsible for repairs in the home. The landlord is claiming that I am responsible for keeping the house in the same condition as when I moved in. Do I have the right to withhold a portion of the rent equal to the repair cost?

  • Category: Landlord Tenant
  • Subcategory: Repairs
  • Date:
  • State: Missouri

Answer:

In Missouri, tenants have specific rights regarding repairs. According to Missouri law (Mo. Rev. Stat. § 441.234), you can deduct repair costs from your rent under certain conditions:

  1. You must have lived in the rental for at least six consecutive months.
  2. You must have paid all rent and charges during that time.
  3. You should not have received any written notice from the landlord about a lease violation that you did not correct.

If there is a condition affecting the habitability, sanitation, or security of the premises, and it violates local housing codes, you can notify the landlord of your intention to make the repair at their expense. If the repair cost is less than three hundred dollars or half of your rent (whichever is greater), and does not exceed one month's rent, you can proceed after giving the landlord written notice. If the landlord fails to make the repair within fourteen days, you can complete the repair and deduct the cost from your rent, provided you submit an itemized statement and receipts.

However, if the landlord disputes the necessity of the repair in writing within the notice period, you cannot deduct the costs without a written certification from a local authority confirming the violation. Also, you cannot deduct costs for repairs caused by your own actions or those of anyone living with you. Lastly, you may not deduct more than one month's rent in total during any twelve-month period.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

As a tenant, you are generally responsible for keeping the rental property clean and not causing damage. However, major repairs, such as fixing a refrigerator, are typically the landlord's responsibility. Therefore, paying for such repairs is not usually a tenant's responsibility.