§521-64  Tenant's remedy of repair and
deduction for minor defects.  (a)  The landlord, upon written notification
by the department of health or other state or county agencies that there exists
a condition on the premises which constitutes a health or safety violation,
shall commence repairs of the condition within five business days of the
notification with a good faith requirement that the repairs be completed as
soon as possible; provided that if the landlord is unable to commence the
repairs within five business days for reasons beyond the landlord's control the
landlord shall inform the tenant of the reason for the delay and set a
reasonable tentative date on which repairs will commence.  Health or safety
violations for the purpose of this section means any condition on the premises
which is in noncompliance with section 521-42(a)(1).



(b)  If the landlord fails to perform in the
manner specified in subsection (a), the tenant may:



(1)  Immediately do or have done the necessary repairs
in a competent manner, and upon submission to the landlord of receipts
amounting to at least the sum deducted, deduct from the tenant's rent not more
than $500 for the tenant's actual expenditures for work done to correct the
health or safety violation; or



(2)  Submit to the landlord, at least five business
days before having the work done, written signed estimates from each of two
qualified workers and proceed to have done the necessary work by the worker who
provides the lower estimate; provided that the landlord may require in writing
a reasonable substitute worker or substitute materials, and upon submission to
the landlord of receipts amounting to at least the sum deducted, the tenant may
deduct $500 or one month's rent, whichever is greater, for the tenant's actual
expenditures for work done to correct the health or safety violation.



(c)  The landlord, upon written notification by
the tenant of any defective condition on the premises which is in material
noncompliance with section 521-42(a) or with the rental agreement, shall
commence repairs of the condition within twelve business days of the
notification with a good faith requirement that the repairs be completed as
soon as possible; provided that if the landlord is unable to commence repairs
within twelve business days for reasons beyond the landlord's control the
landlord shall inform the tenant of the reason for the delay and set a
reasonable tentative date on which repairs will commence.  In any case
involving repairs, except those required due to misuse by the tenant, to
electrical, plumbing, or other facilities, including major appliances provided
by the landlord pursuant to the rental agreement, necessary to provide sanitary
and habitable living conditions, the landlord shall commence repairs within
three business days of receiving oral or written notification, with a good
faith requirement that the repairs be completed as soon as possible; provided
that if the landlord is unable to commence repairs within three business days
for reasons beyond the landlord's control the landlord shall inform the tenant
of the reasons for the delay and set a reasonable tentative date on which
repairs will commence.



(d)  If the landlord fails to perform in the
manner specified in subsection (c), the tenant may immediately do or have done
the necessary work in a competent manner and upon submission to the landlord of
receipts amounting to at least the sums deducted, deduct from the tenant's rent
not more than $500 for the tenant's actual expenditures for work done to
correct the defective condition.



(e)  At the time the tenant initially notifies
the landlord under subsection (c), the tenant shall list every condition that
the tenant knows or should know of noncompliance under subsection (c), in
addition to the objectionable condition that the tenant then intends to correct
or have corrected at the landlord's expense.  Failure by a tenant to list such
a condition that the tenant knew of or should have known of shall estop the
tenant from requiring the landlord to correct it and from having it corrected
at the landlord's expense under this section for a period of six months after
the initial notification to the landlord.  Total correction and repair work
costs under this section chargeable to the landlord's expense during each
six-month period shall not exceed an amount equal to three months' rent.



(f)  In no event may a tenant repair a dwelling
unit at the landlord's expense when the condition complained of was caused by
the want of due care by the tenant, a member of the tenant's family, or other
person on the premises with the tenant's consent.



(g)  Before correcting a condition affecting
facilities shared by more than one dwelling unit, the tenant shall notify all
other tenants sharing such facilities of the tenant's plans, and shall so
arrange the work as to create the least practicable inconvenience to the other
tenants. [L 1972, c 132, pt of §1; am L 1974, c 180, §4; am L 1975, c 104, §2;
am L 1976, c 90, §5; am L 1981, c 235, §3; am L 1982, c 211, §1; gen ch 1985;
am L 1995, c 42, §1]