Q: If a tenant has done repairs without LL approval nor notice is the LL liable for the cost of the repairs?
A: If the repairs for which the tenant had a contractor make the repairs are in accordance with the requirements imposed on the tenant by the residential lease, the landlord should not be held liable for the costs of those repairs.
A: The answer could depend on your lease, and it will depend on the nature of the repair and the facts. If the lease assigns the kind of repairs to the tenant, then landlord is unlikely to be liable for them even if he had notice. If the lease assigns the repairs to the landlord, then it might contain provisions on notice and administration. Regardless of the lease, if this is a residential property and the repairs were needed to maintain some standard of safety provided by state, city, or county law, and if the tenant made demand on landlord to make the repairs, it may be acceptable to withhold rent to cover the repairs. You need to run the facts past local counsel.
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