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Updated almost 7 years ago,

User Stats

96
Posts
52
Votes
Matt Romano
  • Realtor
  • Warren, RI
52
Votes |
96
Posts

Repair and Deduct in Rhode Island

Matt Romano
  • Realtor
  • Warren, RI
Posted

I have a tenant whom deducted some money from this months rent for the purchase of salt and sand.  She included the receipt of a local store but sent me NO previous notification.  The law here for this type of stuff goes as follows:

Self Help for Minor Repairs

If the landlord does not live up to his or her responsibilities (see subsection 3D) in maintaining the premises (excluding common areas), and the cost to make the necessary repairs is under $125, the tenant may make repairs or have them done in a workmanlike manner. The repairs must be good enough to pass State and local housing and building codes. The tenant may then deduct the actual and reasonable cost, or value of the repairs, from the rent that is paid the following month.

When using self help for the aforementioned repairs, the tenant must do all of the following:

  1. 1) notify the landlord in writing of the intention to correct the condition at his or her

    expense; and

  2. 2) wait 20 days as specified in the notice to the landlord to see if he or she complies or makes a good faith effort to comply by correcting the conditions; if it is an emergency situation and the landlord can't be reached or fails to comply as quickly as conditions require the tenant may act sooner.
  3. 3) when the next rent payment is due, submit a written statement listing actual or fair and reasonable costs of repairs made and pay the remaining rental amount owed.

The tenant can't repair at the landlord's expense if the condition was caused by a deliberate or negligent act or omission of the tenant, his or her family, or persons on the premises with the tenant's permission. 

As far as I'm concerned, thats the only law regarding this matter.  And, it doesn't seem like her deduction meets the requirements. And, if it does, I didn't receive proper notice.  Salting and sanding is maintaining, not repairing.  My lease only states that I'm responsible for snow removal.  I'm currently renovating the apartment above theirs, so it's been a little noisy to them.  I think she's just a bit salty (pun intended lol) about that.  It's a $16 deduction.  It's not the amount of money that bothers me.  Just the annoyance factor.  What do you guys think about this?  What would you do?  

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