Subtract the Cost of Repairs from Rent
Colorado law lets tenants pay for some repairs and subtract the cost from rent. Keep reading to learn what steps you need to take.
When can you pay for repairs and subtract the cost from rent?
You may be able to fix a problem in your home and subtract (deduct) the cost of the repair from your rent if:
There is a serious problem with your home that violates the warranty of habitability (something that affects your health or safety)
You have already told your landlord about the problem (your HomeFix letter counts); and
Your landlord did not fix it in time (usually 7 or 14 days, depending on the problem — your HomeFix letter can tell you your landlord’s deadline).
Keep reading to see step-by-step instructions.
Your Right to Deduct Repair Costs from Rent: Step by Step
Step 1: Give notice
For most repairs:
Give at least 10 days’ written notice saying:
What the problem is
That you plan to hire someone and deduct the cost of the repair from your rent
For urgent health or safety issues:
You can give 48 hours’ notice instead
For replacing an appliance:
Give at least 3 days’ written notice
You can use our template below to give notice.
Step 2: Wait
Give your landlord a chance to fix the issue during the notice period (48 hours for serious issues, 3 days for appliances, and 10 days for other problems).
If they fix it in time, you cannot deduct any rent.
Step 3: Hire the right person
You must hire a licensed or qualified professional
They cannot be your relative
The cost must be reasonable for the type of work
Step 4: Complete the work
Have the work done (or appliance replaced).
Make sure to get an invoice or receipt from the person doing repairs.
Step 5: Send proof that you paid for the repair to your landlord
You must send the invoice or receipt to your landlord within a reasonable amount of time, or within 30 days if they ask for proof.
Tip: To be safe, you should send the receipt or invoice to your landlord right away. You can take a picture of the receipt and send it by text or email to your landlord. If you have access to a printer, you can scan it or make a copy instead.
Step 6: Deduct the cost of the repair from your rent
You can deduct the cost from one or more rent payments
If you spread it out over multiple months, you don’t need to give your landlord notice each time
Subtracting repair costs from rent can be risky!
Your landlord may try to evict you
If the landlord claims you didn’t follow the rules:
They may treat the deduction as unpaid rent
They could file an eviction case against you
To avoid eviction:
Follow the steps above carefully — make sure you don’t miss any steps.
Make sure the problem in your home is covered under the law — that means that it’s a serious problem that affects your health or safety, or it makes your home unfit to live in.
Use the template below to give notice. It explains your intention clearly and asks your landlord to tell you in advance if they have a problem with your plan.
You could owe damages
If a court finds you:
Did not follow the rules, or
Acted in bad faith
You could be ordered to pay:
The amount you deducted plus double damages (that means you could owe your landlord double the amount that the court says you unlawfully subtracted from your rent)
To avoid damages:
Follow the steps above carefully.
Make sure that you don’t do anything that could be viewed as unfair or an abuse of this right, like purchasing an appliance that is an upgrade or hiring a very expensive repair service to punish your landlord.
Your landlord could challenge the deduction
Your landlord may argue that:
The repair wasn’t necessary
The cost was too high
The person you hired wasn’t qualified
This can turn into a legal problem.
To avoid a legal challenge:
Check the list of problems on this page to make sure the issue is covered.
Ask for more than one quote for the repair to make sure the cost is reasonable.
Use a licensed professional and ask for a copy of their credentials — remember, the landlord is paying for the repair.
Notice Template
Use this template to give your landlord notice that you want to pay for repairs and deduct the cost from rent. Fill in the text in red with your information.
[Date]
[Landlord’s Name]
[Landlord’s Address or Email]
Re: Notice of Intent to Repair and Deduct from Rent
[Your Address]
Dear [Landlord’s Name],
I am writing to give you formal notice of a serious problem in my home that needs repair.
Description of the problem:
[Clearly describe the problem — for example, “The heater has not been working since January 1st, and my home is below 50 degrees at night.”]
This condition affects my health and safety and may violate Colorado’s warranty of habitability law.
Notice of intent to repair and deduct
If this problem is not fixed, I plan to hire a licensed or otherwise qualified professional to repair or remedy the condition and deduct the cost from my rent.
You have:
☐ 10 days
☐ 48 hours (because I believe this condition materially interferes with my life, health, or safety)
☐ 3 days (because I am replacing an appliance)
to make repairs. If the repair is not completed within this time, I will move forward with hiring a qualified professional.
Please note:
The professional I hire will be licensed or otherwise qualified and not related to me.
The cost of the repair will be reasonable and consistent with industry standards.
After the work is completed, I will provide you with a receipt, invoice, or proof of payment.
If you prefer to fix this issue yourself, please complete the repair within the timeframe above or contact me immediately to coordinate access. If you object, or believe that the problem is not covered under the warranty of habitability, please notify me within 24 hours.
I hope we can resolve this issue quickly.
Sincerely,
[Tenant Name]
[Phone Number]
[Email Address]