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While this depends on the type of repairs that need to be made, you cannot exercise this option as a means not to pay your rent. If there are repairs that must be made, and such repairs are essential for the habitability of the dwelling, there are procedures you must follow in order to make such repairs and offset it from the rent. In most states, you must give your landlord a notice of your intent to do such at least seven days before the next rent is due. Keep in mind that your landlord will still have the right to file eviction proceedings against you, but will likely lose the case if the tenant can prove essential repairs were needed. In such case you can sue the landlord or make a counter suit against the landlord if he tries to evict you, for which you can win up to three months of rent abatement if it can be proven that the landlord sued you for eviction maliciously.

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