If you’re a renter, you expect your landlord to take care of maintaining the property and fixing problems that arise.
But what happens if they don’t do what they’re supposed to? You might wonder if it’s possible to stop paying rent until the repairs are made. Here’s everything you need to know about your rights as a tenant when it comes to repairs and withholding rent.
Who Is Responsible for Repairs?
When you live in a rental property, the responsibilities for repairs are typically divided between the landlord and the tenant. Here’s how they usually break down:
- Landlord Responsibilities: Landlords are generally required to make sure the home is safe, clean, and livable. This means they need to comply with local health and building codes. Common repairs they must handle include plumbing, electrical issues, heating, water systems, and structural problems. They are also responsible for keeping the property pest-free and addressing damage caused by natural disasters (depending on the circumstances).
- Tenant Responsibilities: Renters need to keep the property clean, dispose of trash properly, avoid damage beyond normal wear and tear, and notify the landlord if repairs are necessary. Good communication and legal compliance are key. Renters must follow state-specific laws when dealing with repair issues, and landlords have a legal duty to maintain the property’s habitability.
Withholding Rent and Your Legal Rights
Every state in the U.S. follows a legal rule called the "Implied Warranty of Habitability." This means landlords are required to provide housing that is safe and livable. If a landlord fails to make important repairs, laws in some states allow tenants to take specific actions, such as withholding rent.
However, whether you can legally withhold rent varies by state. Here's an overview of how some states handle this issue:
- California: Landlords have 30 days to fix a problem after being notified, or less time for urgent repairs. If they fail to act, renters can legally withhold rent, deduct the repair costs, or even move out without penalty. Rent withheld doesn’t need to be placed in escrow in California, but renters should keep detailed documentation of the issue.
- New York: Renters can withhold rent or request a court-ordered rent reduction if their landlord doesn’t make repairs. They may also be able to sue for damages or seek court-ordered repairs.
- Florida and Texas: These states have stricter rules. In Florida, renters must provide written notice to their landlord and give them seven days to resolve the issue before withholding rent. It’s important to follow the legal process specific to each state to avoid problems.
Knowing your state’s laws is crucial, and seeking legal advice may be a good idea if you are unsure about your rights.
Steps to Withhold Rent Legally
If you’ve decided to withhold rent because your landlord isn’t addressing repairs, follow these steps to protect yourself:
- Notify Your Landlord: Send a dated letter or email detailing the problem and what needs to be fixed. This documentation is important.
- Give Time for Repairs: Wait a reasonable amount of time based on the type of repair. For urgent issues like no heat, no running water, or flooding, landlords should act within 24–72 hours. For less urgent repairs, they might need 7 to 30 days.
- Follow Up: Keep track of all attempts to contact your landlord—whether it's by text, call, or email.
- Place Your Rent in Escrow: If your state allows rent withholding, don’t spend the money you owe in rent. Deposit it into an escrow account instead. In some states, you might need to petition the court before withholding rent.
- File a Complaint: You can report your landlord to local housing authorities if the issue isn’t resolved. This step is optional but could benefit other tenants and may lead to a resolution.
If the home becomes completely unlivable and unsafe, the lease may be considered canceled under the law, meaning neither you nor the landlord will have further obligations.
Final Thoughts
Dealing with repair issues in a rental can be frustrating, but both landlords and tenants have legal responsibilities to protect the property and make it livable. If you’re considering withholding rent due to unresolved repairs, make sure you follow the laws in your state carefully and keep detailed records of the problem and your communications with your landlord.
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