Right to Withhold Rent

The Right to Withhold Rent is a legal remedy that allows tenants to stop paying rent if their landlord fails to maintain the rental unit in a habitable condition. This right is based on the implied warranty of habitability, which requires landlords to ensure that their rental properties meet basic health and safety standards. If a landlord neglects to make necessary repairs or address significant issues that render the unit uninhabitable, tenants may have the right to withhold rent until the problems are resolved. However, the specific procedures and requirements for rent withholding vary by state, and tenants should carefully follow the legal guidelines to avoid risking eviction. In some cases, tenants may need to pay withheld rent into an escrow account or provide written notice to the landlord before exercising this right.