What remedies can a tenant seek if a landlord fails to make repairs to the rental property?

In North Dakota, when a landlord fails to make necessary repairs to the rental property, the tenant has certain remedies available to them. The first step a tenant should take is to notify the landlord of the repairs needed. This should be done in writing, and it is important that the tenant keep a copy for their records. If the landlord fails to make the necessary repairs after having been notified, the tenant may pursue a remedy known as “repair and deduct”. This allows the tenant to hire a qualified repair person, and then deduct the cost from the monthly rent. However, the total cost of repairs in such an action must not exceed one month’s rent. The tenant may also choose to pursue rent abatement. This remedy allows the tenant to withhold a certain portion of the rent until the necessary repairs are made. The amount of rent abated must be reasonable and based on the severity of the damage. Lastly, the tenant may consider filing a lawsuit against the landlord for breach of the lease agreement. This action is typically necessary when the landlord has failed to make essential repairs or delayed repairs in a timely fashion. In such cases, a tenant may be able to receive compensation for damages as well as a court order for the landlord to make the necessary repairs.

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What remedies can a tenant seek if a landlord fails to make repairs to the rental property?

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