3. The dilapidations, the cost of repairing which was sought [7] to be offset against the rent, are rather vaguely pleaded as to the time of their occurrence, and the testimony touching the cost and payment for the repairs seems somewhat obscure. It is deducible from the record, however, that these dilapidations were of a character to render the premises untenantable, and that some of them occurred in March, 1911, after the lease was executed, some in April, and some in May. Notice of those in March and April seems to have been given to the plaintiff, and, according to the testimony of defendant, she told him to go ahead and fix things up and she would see, or try to see, that he was reimbursed. If this be true, the limitation expressed in section 5227, Revised Codes, which was the basis for the position taken by the trial court, would not be applicable. Ignoring the statement imputed to the plaintiff, however, still it is not clear that the cost *336of repairing tbe dilapidations occurring in any one month would or did exceed $72.50, the amount of one month’s rent, though the total cost of repairing all of them did exceed such amount. The statute requires the landlord to repair all dilapidations which render the premises untenantable, occurring without the fault of the tenant, and, upon the landlord’s refusal so to do, it authorizes the tenant to make repairs costing not to exceed one month’s rent. Obviously this means that, if a dilapidation occurs which it will require more than the amount of a month’s rent to repair, the tenant may not repair it at the expense of the landlord; but it does not mean that, if a dilapidation occurs in March and is repaired by the tenant after refusal of the landlord at a cost not to exceed one month’s rent, a subsequent dilapidation occurring in April or May cannot be similarly repaired, even though the cost of both together exceed the amount of one month’s rent. When, therefore, under the conditions deducible from this record, the trial judge told the jury that they could not allow defendant’s expenditures for repairs to a greater amount than $72.50 or one month’s rent, we think there was error for which a new trial was warranted. The order appealed from is therefore affirmed. Affirmed.