A lease provision allowing the tenant (or landlord) to perform an obligation that the other party has failed to carry out after notice and expiration of the cure period, with the right to recover the cost from the defaulting party or offset it against rent.
Self-help rights are a powerful tenant protection against landlord non-performance. If the landlord fails to maintain the HVAC system or make a required repair after proper notice and cure period expiration, the tenant may hire contractors, perform the work, and deduct the cost from future rent. Without self-help rights, tenants must sue for breach — an expensive and slow remedy. Landlords typically resist self-help with rent offset, offering instead a reimbursement claim or arbitration. The scope of self-help (which obligations it covers), the notice requirements, and the offset mechanism must be clearly defined. Lease abstracts should flag the presence or absence of self-help rights.
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