(1) If, within thirty (30) days after written notice to the landlord of a specific
and material defect which constitutes a breach of the terms of the rental agreement
or of the obligation of the landlord under Section 89-8-23, the landlord fails to repair such defect, the tenant:
(a) May repair the defect; and
(b) Except as otherwise provided in subsection (2) of this section, shall be entitled
to reimbursement of the expenses of such repairs within forty-five (45) days after
submission to the landlord of receipted bills for such work, provided that:
(i) The tenant has fulfilled the obligations required under Section 89-8-25;
(ii) The expenses incurred in making the repairs do not exceed an amount equal to
one (1) month's rent;
(iii) The tenant has not exercised the remedy provided by this section in the six
(6) months immediately preceding; and
(iv) The tenant is current in rental payments.
(2) A tenant shall not be entitled to be reimbursed for repairs made pursuant to this
section in an amount greater than the usual and customary charge for such repairs.
(3) Before correcting a condition affecting facilities shared by more than one (1)
dwelling unit, the tenant shall notify all other tenants sharing such facilities of
the plans for the repairs and shall so arrange the work as to create the least practicable
inconvenience to the other tenants.
(4) The cost of repairs made by a tenant pursuant to this section may be offset against
(5) No provision of this section shall be construed to grant a lien against the real
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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