Cal. Civ. Code § 441.234
Tenant may deduct cost of repair of rental premises from rent, when — limitations
Operative Text
1. The provisions of this section shall apply only to a tenant who has lawfully resided on the rental premises for six consecutive months, has paid all rent and charges due the landlord during that time, and did not during that time receive any written notice from the landlord of any violation of any lease provision or house rule, which violation was not subsequently cured. 2. If there exists a condition on residential premises which detrimentally affects the habitability, sanitation or security of the premises, and the condition constitutes a violation of a local municipal housing or building code, and the reasonable cost to correct the condition is less than three hundred dollars, or one-half of the periodic rent, whichever is greater, provided that the cost may not exceed one month's rent, the tenant may notify the landlord of the tenant's intention to correct the condition at the landlord's expense. If the landlord fails to correct the condition within fourteen days after being notified by the tenant in writing or as promptly as required in case of an emergency, the tenant may cause the work to be done in a workmanlike manner and, after submitting to the landlord an itemized statement, including receipts, deduct from the rent the actual and reasonable cost of the work, as documented by the receipts, not exceeding the amount specified in this subsection; provided, however, if the landlord provides to the tenant within said notice period a written statement disputing the necessity of the repair, then the tenant may not deduct the cost of the repair from the rent without securing, before the repair is performed, a written certification from the local municipality or government entity that the condition requiring repair constitutes a violation of local municipal housing or building code. In the event of such certification, the tenant may cause the work to be done as described herein if the landlord fails to correct the condition within fourteen days after the date of said certification or the date of the notice from the tenant, whichever is later, or as promptly as required in case of an emergency. The tenant's remedy provided herein is not exclusive of any other remedies which may be available to the tenant under the law. No lease agreement shall contain a waiver of the rights described in this section. 3. A tenant may not repair at the landlord's expense if the condition was caused by the deliberate or negligent act or omission of the tenant, a member of the tenant's family, or other person on the premises with tenant's consent. A tenant may not deduct in the aggregate more than the amount of one month's rent during any twelve-month period.
Missouri Revised Statutes § 441.234 establishes a 'repair-and-deduct' remedy for qualifying residential tenants. When a rental unit has a habitability, sanitation, or security problem that violates a local housing or building code, and the cost to fix it falls within defined dollar limits, a tenant who meets certain eligibility requirements may arrange the repair themselves and subtract the documented cost from rent. The landlord must first receive written notice and be given at least fourteen days to act, and the total amount a tenant may deduct is capped at one month's rent within any twelve-month period.
Plain English — not legal advice.
Under Mo. Rev. Stat. § 441.234, landlords who receive written notice of a code-violating condition generally respond within the fourteen-day window to avoid a tenant's repair-and-deduct action. Operators who dispute the necessity of a repair typically provide a written statement to that effect within the notice period, which triggers a municipal certification requirement before any deduction can occur. Maintaining records of completed repairs, lease compliance notices, and written communications helps demonstrate responsiveness to habitability concerns.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Mo. Rev. Stat. § 441.234 gives eligible tenants a statutory right to arrange certain repairs themselves and deduct the documented cost from rent, but only after meeting specific eligibility criteria — including six consecutive months of lawful residency, a clean rent-payment record, and no uncured lease violations. Before exercising this remedy, a tenant generally provides the landlord with written notice and waits the required fourteen-day period, and if the landlord disputes the repair in writing, a municipal code certification may be needed before work begins. Tenants interested in understanding how this remedy interacts with other legal options, or who face a landlord dispute, may find it useful to consult a local tenant-rights organization or legal aid office.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 14, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
Effective Timeline
References Out
No outbound references recorded yet for this provision.
References In
Rules and statutes that cite this regulation
Related Rules
Source Information
Use this in your app
Access this data programmatically via our API