If a situation with your landlord gets to the point where you are considering withholding rent, you probably feel as though you’ve tried everything else and you’re looking for a way to regain control of the situation. But let’s take a moment to review all of your options. Since withholding rent is a step that could get you evicted – even in states that allow it – this usually isn’t the best course of action. Instead, try to negotiate with your landlord and find a solution that works for both of you.
First, review your lease.
Look for the section that details the landlord’s and your responsibilities. If the landlord has denied a requested repair, for example, it’s likely because it isn’t something the landlord is responsible for. It might even be something you are expected to handle. For example, if you fling a door open and it hits the wall and leaves a hole, you will likely be responsible for fixing the hole since you caused the damage.
If the issue is the responsibility of the landlord, contact your landlord and discuss how the issue can be resolved. Keep in mind that landlords are typically not required to address all repair requests. Their legal obligation is to provide you with a habitable home. If the issue is cosmetic in nature, your landlord is not required to address the issue. If it’s something that really bothers you, see if you can find some solutions. Maybe your landlord will allow you to make repairs or will help you come up with an alternative.
Before moving into any rental, be sure to conduct a walk-through with your landlord and take pictures of any damage or issues you see. You can then request that your landlord make repairs, or you can keep the pictures until you move out to prove the damage was there when you moved in.
Next, follow up with your landlord.
If you spoke to your landlord about a need for repairs, but some time has passed and your landlord hasn’t addressed the issue, it is possible your request was overlooked due to miscommunication or clerical error. Landlords are people, too. Sometimes, things are forgotten or overlooked. The issue is huge for you because you are looking at it every day. But if your landlord has several rental properties or units, yours might not be the most pressing issue.
When submitting a request for maintenance, be very specific. For example, if you report “some mold in the kitchen,” but don’t specify where or how much, your landlord doesn’t know how pressing the mold issue is. If you report “a large patch of mold on the kitchen ceiling, which could be the result of a leak from the apartment above me,” that imparts a higher sense of urgency.
After reaching out to your landlord, the issue will likely be resolved. If not, follow up with an email or certified letter documenting the issue (include photos, if you can), and keep copies of all correspondence in case you need it.
Evaluate the situation.
How serious is the issue? This is important, because the problem must be serious to the point of making your rental uninhabitable, posing risk to your health or safety, before you can take a step like withholding rent. If the issue is just annoying, you won’t be able to justify withholding rent and you could find yourself getting evicted. Also, if you caused the damage, the landlord isn’t responsible for fixing it and could charge you for the repair costs.
Look up your state and local laws.
Be aware that withholding rent isn’t legal in most states. Some states allow you to repair the issue yourself and deduct the cost from your rent, but there are strict guidelines you’ll have to follow. Even if withholding rent is legal in your state, this doesn’t mean you can simply not pay. You’ll probably have to go to court and fill out paperwork. You’ll then pay rent either to the registry of the court or in another form of escrow until the landlord makes the needed repairs to the property. It’s best to contact an attorney to guide you through this course of action.
If your local and state laws do allow withholding of rent, you could still get evicted, so be sure to follow the guidelines carefully if you choose to proceed.
Most of the time, effective communication is all that’s needed to resolve the issue. If you feel a repair is necessary but your landlord doesn’t, the best approach is to talk to your landlord and express why you feel so strongly about the requested repair. Follow this up with a letter, and then learn more about your state and local laws. If you’ve explored all other options and still think withholding rent is your only recourse, contact a real estate attorney to advise you on how to do so legally and what consequences this action may have.
