Rent Withholding Laws

Rent withholding laws allow tenants to withhold rent payments if the landlord fails to maintain the rental property in a habitable condition. These laws vary by state but typically require the tenant to notify the landlord of the habitability issues in writing and give the landlord a reasonable opportunity to make repairs. If the landlord fails to do so, the tenant can withhold rent until the repairs are made. Some states require tenants to pay the withheld rent into an escrow account or to the court, while others allow tenants to use the withheld rent to make repairs themselves. Rent withholding laws provide tenants with leverage to compel landlords to address serious habitability issues, but tenants must follow the proper procedures and should seek legal advice before withholding rent.