When you withhold rent, you do so until the terms are met, then you pay what's owed. It isn't a discount, it's an incentive.
(e.g., the toilet is not functional. Okay. Rent is $2k, but I am renting a place with a bathroom, and I don't have that. Get me my bathroom and I'll get you your $2k.)
So... I don't get it. You cannot enforce 48 hours unless the repair is requested less than 48 hours before rent is due.
It really depends on the definition of commencement. Scheduling a mold remediation company to come out in two weeks is arguably commencement of repairs.
Personally, I feel like for health and safety items, after 48 hours the renter should be able to call someone to do the repair on their behalf and bill the landlord any reasonable fees / withhold that money from the next month’s rent.
Yeah some work requiring contractors can take days to even find someone who can fit you into their schedule. 2 days seems great for critical to life things like no heat/ac, no functioning water/sewer, etc. But like, roof damage, a broken window? shit like that? Larger jobs It'll take at least a week to get a crew scheduled to even show up, and seems like an unreasonable legal burden.
A short time frame is fine because the consequences for missing it is that rent is delayed until the repair is complete, or the tenant is authorized to arrange for repairs themselves and deduct the costs from the rent. Neither of those are onerous so there doesn't need to be a long grace period.
This is also specifically for safety related repairs. It's not like a tenant can withhold rent for a broken window screen or dripping faucet.
The wording seems to be that repairs must start within 48 hours, which is reasonable. Landlords could likely successfully argue that ordering replacement parts or having a someone scheduled to come out counts as starting or commencement.
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