Can I withhold rent for repairs?
Short answer: Sometimes — but only in states that allow it and only by following the state's exact procedure (usually written notice and time for the landlord to fix serious problems). Withholding rent where it isn't allowed can get you evicted for nonpayment.
Safer steps before withholding
- Notify the landlord in writing and keep a copy.
- Report serious conditions to the local housing or health inspector.
- Check your state's rule below; some states require paying rent into a court or escrow account instead of keeping it.
The rule in every state
Each answer below links to the statute or official page it comes from (51 of 51 jurisdictions verified).
| State | Withholding rent | Repair and deduct |
|---|---|---|
| Alabama | Not allowed. A tenant in possession may not withhold rent to enforce any right under the Act. In an action for possession or rent, the tenant may counterclaim but must pay accrued and accruing rent into court. Ala. Code §§ 35-9A-164, 35-9A-405 | Not available. Alabama's Act does not include the URLTA self-help repair-and-deduct remedy; § 35-9A-403 is 'Reserved'. Instead, the tenant may give 14 days' written notice to terminate if the landlord does not fix a material habitability breach, and may sue for actual damages and injunctive relief. Ala. Code §§ 35-9A-401, 35-9A-403, 35-9A-404 |
| Alaska | No general right to withhold rent. If essential services fail, the tenant may give written notice and move to reasonable substitute housing. Rent is excused until the problem is cured, and the tenant may recover any extra housing cost. In an eviction or rent action, the tenant may counterclaim for the reduced fair rental value. AS 34.03.180(a)(2)-(3); AS 34.03.190 | Available for essential services. If the landlord deliberately or negligently fails to supply an essential service (heat, running water, hot water, electricity, sewer, plumbing), the tenant may give written notice, then arrange the repair or substitute services and deduct the actual, reasonable cost from the next rent payment. AS 34.03.180(a)(1) |
| Arizona | A tenant may not withhold rent for any reason not authorized by the Act. Authorized offsets are the § 33-1363 repair deduction and the § 33-1364 essential-service deductions or substitute housing. In a nonpayment eviction, the tenant may counterclaim for the landlord's noncompliance, and the court may order rent paid into court. A.R.S. §§ 33-1368(B), 33-1364, 33-1365 | Allowed for minor defects. The reasonable repair cost must be less than $300 or one-half of the monthly rent, whichever is greater. After written notice, if the landlord does not comply within 10 days (or sooner in an emergency), the tenant may have a licensed contractor do the work. The tenant then deducts the actual, reasonable cost from rent after giving the landlord an itemized statement and a lien waiver. A.R.S. § 33-1363 |
| Arkansas | Not allowed. A tenant may not offset or withhold rent for any alleged or actual violation of the implied quality standards. In an unlawful detainer, a tenant who stays in possession must deposit rent into the court registry. Ark. Code Ann. §§ 18-17-502(d)(3), 18-60-307(c) | Not available. For leases entered into or renewed after November 1, 2021, the implied minimum standards are: hot and cold running water, electricity, potable drinking water, code-conforming sewer and plumbing, a functioning roof and building envelope, and existing heat and air conditioning. If the tenant is current on rent and gives written notice, and the landlord does not remedy the problem within 30 calendar days, the tenant's sole remedy is to terminate the lease without penalty and receive the recoverable deposit. Ark. Code Ann. § 18-17-502 (added by Act 1052 of 2021) |
| California | By statute, a landlord may not demand or collect rent, raise rent, or serve a 3-day pay-or-quit notice when all of these are true: the unit is substantially substandard, a housing inspector has given the landlord written notice to repair, and the conditions remain unabated 35 days later without good cause. The tenant can recover actual damages plus $100 to $5,000 in special damages and attorney's fees. Cal. Civ. Code § 1942.4 | If the landlord fails to fix conditions that make the unit untenantable within a reasonable time after notice (presumed 30 days), the tenant may repair and deduct the cost, up to one month's rent, or move out. The remedy may be used no more than twice in any 12-month period. Cal. Civ. Code § 1942 |
| Colorado | No general right to withhold rent. Statutory remedies for a habitability breach are lease termination, repair-and-deduct, and a claim or counterclaim for actual damages, including reduced fair rental value. C.R.S. § 38-12-507(1)(a)-(d) | Allowed for breaches of the warranty of habitability. The tenant gives at least 10 days' written notice (48 hours if the condition materially threatens life, health, or safety) of intent to hire a licensed or qualified professional who is not a relative. If the landlord does not fix the problem or provide a comparable unit or hotel room, the tenant may hire the professional at a reasonable price and deduct the cost from rent, then provide receipts. A broken appliance may be replaced with a comparable one and deducted after 3 days' notice. C.R.S. § 38-12-507(1)(c) |
| Connecticut | Tenant may not simply withhold. Instead, after complaining to the municipal code agency at least 21 days earlier, the tenant may file a sworn complaint in Superior Court (housing session) and pay rent into court (deposit each month's rent with the clerk). Fee $25 (waivable); hearing within 14 days. Court can order repairs, appoint a receiver, and award damages including retroactive rent abatement. Not available if a valid nonpayment notice to quit was served first. Conn. Gen. Stat. § 47a-14h | Limited to essential services (heat, running water, hot water, electricity, gas, etc.). After notice, if landlord fails to supply an essential service, tenant may procure reasonable amounts and deduct the actual, reasonable cost from rent; or obtain substitute housing if not restored within 48 hours (rent abates); or, if the failure is wilful, terminate and recover the greater of 2 months' rent or double actual damages. Conn. Gen. Stat. § 47a-13 |
| Delaware | Only for essential services: if hot water, heat, water, or electricity (that the landlord must supply) is substantially unavailable for 48 hours or more after notice, tenant may withhold two-thirds of the per diem rent for the period, or terminate, or obtain substitute housing (landlord liable for added cost up to one-half of the abated rent). 25 Del. C. § 5308 | If the landlord fails to make required repairs within 30 days of written notice (or fails to begin corrective steps within 10 days), tenant may have the work done and deduct up to the lesser of $400 or one-half of one month's rent, with receipts. 25 Del. C. § 5307 |
| District of Columbia | Recognized indirectly: the anti-retaliation statute protects a tenant who 'legally withheld' rent after giving reasonable notice of a housing-regulation violation. Leases carry an implied warranty of habitability. No statutory escrow procedure was found. D.C. Code § 42-3505.02(b) | No statute — the D.C. Code has no general repair-and-deduct remedy (the former smoke-detector installation provision, § 6-751.10, is repealed). Tenants rely instead on the implied warranty of habitability (case law), lawful rent withholding after notice (protected by § 42-3505.02), and housing-code enforcement by the Department of Buildings. D.C. Code Title 42, Ch. 35 (Rental Housing Act); § 6-751.10 (repealed); § 42-3505.02 |
| Florida | Allowed as a defense: tenant may withhold rent if the landlord materially fails to maintain the unit under § 83.51(1), but only after 7 days have passed since the tenant gave written notice specifying the problem and stating the intent to withhold. Court may reduce rent by the reduced value. In an eviction, a tenant raising any defense other than payment must deposit the alleged rent into the court registry within 5 days (excluding weekends and holidays) or lose the defense. Fla. Stat. § 83.60(1)(b), (2) | No statutory repair-and-deduct remedy for residential tenants. Fla. Stat. §§ 83.56(1), 83.60 |
| Georgia | Not permitted as a general remedy; tenants generally must keep paying rent even if repairs are not made, or the landlord can begin eviction. Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 11 | No repair-and-deduct statute identified. The DCA Handbook describes the practice: notify the landlord in writing before repairing, use a qualified professional at reasonable cost, keep estimates and receipts, and deduct from the next rent; not for common areas, and the landlord may dispute necessity or cost. Georgia Landlord-Tenant Handbook (DCA, rev. 8-29-24), p. 11 |
| Hawaii | No general statutory rent withholding right beyond repair-and-deduct. In any court case where rent payment is disputed, either party can ask the court to order disputed rent deposited into a court rent trust fund; a tenant who cannot deposit it loses possession. HRS § 521-78 | Yes. If the landlord fails to begin repairs within 12 business days of written notice (3 business days for essential electrical, plumbing, or appliance repairs; 7 calendar days after a health/safety agency notice), the tenant may make the repair and deduct up to $1,000 or one month's rent, whichever is greater, with receipts. Total repair costs charged to the landlord may not exceed 3 months' rent in any 6-month period. HRS § 521-64 |
| Idaho | Not allowed. Tenant's remedy for habitability failures is a lawsuit for damages and/or specific performance after 3 days' written notice to cure; specific-performance-only cases get a trial within 12 days of filing. Idaho Code § 6-320; Idaho AG Manual 'Withholding Rent' | Not generally allowed. Only exception: if the landlord fails to install required smoke detectors within 72 hours after certified-mail notice, the tenant may install them and deduct the cost from the next month's rent. Idaho Code § 6-320(a) |
| Illinois | No general statewide rent-withholding statute. The AG lists, as an eviction defense, withholding a reasonable portion of rent where the landlord failed to maintain utilities or make repairs after notice. Illinois AG fact sheet 'Eviction Defenses' | Allowed for repairs costing no more than the lesser of $500 or one-half of monthly rent: tenant sends written notice by registered/certified mail; if landlord does not repair within 14 days (or sooner in an emergency), tenant may have a licensed, insured, unrelated tradesman do the work and deduct the paid bill from rent. 765 ILCS 742/5, 742/10, 742/15 |
| Indiana | Not authorized by statute; the statutory remedy is a court action under IC 32-31-8-6. IC 32-31-8-6 | Not authorized by statute. Tenant's remedy is a lawsuit after giving notice and a reasonable time to repair; tenant may recover actual and consequential damages, attorney's fees and costs, and injunctive relief. IC 32-31-8-5, 32-31-8-6 |
| Iowa | No general right to withhold rent. In a nonpayment possession action, the tenant may counterclaim for amounts owed by the landlord; the court may order rent paid into court and decides the net amount due. Iowa Code § 562A.24 | Limited. (1) If the landlord deliberately or negligently fails to supply heat, running water, hot water, or essential services, the tenant may give written notice and procure them and deduct the actual, reasonable cost from rent. (2) In a nonpayment eviction it is a defense, and the cost is deducted from rent claimed, if the tenant gave at least 7 days' notice before the rent due date of intent to fix a lease/§ 562A.15 violation, the reasonable cost was no more than one month's rent, and the repair was made in good faith before the landlord's termination notice. Iowa Code § 562A.23(1); § 562A.27(4) |
| Kansas | No statutory right to withhold rent. In a nonpayment possession action the tenant must assert any counterclaim or it is waived; the court may order rent paid into court. K.S.A. 58-2561 | No statutory repair-and-deduct remedy. Tenant may give written notice and terminate (on a rent date at least 30 days later) if the landlord does not begin a good-faith remedy within 14 days, and may sue for damages and injunctive relief. K.S.A. 58-2559 |
| Kentucky | No general withholding right. URLTA areas: in a nonpayment possession action the tenant may counterclaim and the court may order rent paid into court; a tenant who obtains substitute housing during an essential-services failure is excused from rent for that period. Non-URLTA areas: no statute. KRS 383.645; KRS 383.640(1)(c) | URLTA areas: if the landlord willfully fails to fix a health/safety violation costing less than the greater of $100 or one-half month's rent within 14 days after written notice (sooner in emergencies), the tenant may have the work done and deduct the paid, itemized cost from rent. For willful failure to supply heat, water, hot water, electric, gas or other essential services, the tenant may buy them and deduct the cost. Non-URLTA areas: no statute. KRS 383.635; KRS 383.640 |
| Louisiana | No statutory rent-withholding/escrow procedure; the codified remedy is repair-and-deduct (C.C. art. 2694) La. C.C. art. 2694; La. C.C. art. 2704 | Allowed. If the landlord fails to make necessary repairs within a reasonable time after the tenant's demand, the tenant may have them made. The tenant can then demand immediate reimbursement or deduct the cost from rent, to the extent the repair was necessary and the cost reasonable. La. C.C. art. 2694 (with arts. 2682, 2691) |
| Maine | No statutory self-help rent withholding. Remedies for habitability breaches run through court: a tenant who was current on rent when giving written notice may sue under the warranty of habitability for injunction and rent abatement; a tenant sued for nonpayment may raise the landlord's habitability breach as a defense. 14 M.R.S. §§ 6021(3)-(4), 6002(3) | Allowed for conditions that endanger or materially impair health or safety when the reasonable cost is less than the greater of $500 or 1/2 of the monthly rent. Tenant must give written notice of intent by certified mail (return receipt); landlord has 14 days to fix (or as promptly as conditions require in an emergency). Tenant then deducts the actual reasonable cost with an itemized statement. 14 M.R.S. § 6026 |
| Maryland | Rent escrow. If the landlord fails to fix serious conditions (lack of heat, light, electricity, hot or cold water; inadequate sewage; rodent infestation in 2+ units; dangerous structural defects; fire or health hazards) within a reasonable time after notice, the tenant may file a rent escrow action and pay rent into court, or withhold rent and raise the conditions as a defense to an eviction. Notice can be certified-mail written notice, actual notice, or a government violation notice. More than 30 days after notice is presumed unreasonable. Md. Code, Real Prop. § 8-211(d), (f), (g), (h), (k), (m) | No statute Md. Code, Real Prop. § 8-211 (rent escrow is the statutory repair remedy) |
| Massachusetts | Yes. In an eviction for nonpayment, or a no-fault eviction, the tenant may raise code violations, breach of warranty, or breach of the rental agreement as a defense and counterclaim, if: the landlord knew of the conditions before the tenant fell behind; the tenant or household did not cause them; and they can be fixed without vacating the unit. While the case is pending, the court may require the tenant to pay the fair value of use and occupancy, less any counterclaim award, into court. If the tenant's award equals or exceeds the landlord's, the landlord gets no possession. If the landlord's award is larger, the tenant keeps possession by paying the balance, with interest and costs, within one week of written notice from the court. G.L. c. 239, § 8A | Yes, with conditions. A board of health or code enforcement agency must certify a code violation that may endanger or materially impair health, safety, or well-being, or a court must find one, and the owner must receive written notice. If the owner does not begin repairs (or contract for them) within 5 days, or does not substantially complete them within 14 days, the tenant may make the repairs and deduct the cost from future rent, up to 4 months' rent in any 12-month period (or the period of occupancy, if shorter). Alternatively, the tenant may treat the lease as terminated, pay only the fair value of use and occupancy, and move out within a reasonable time. G.L. c. 111, § 127L |
| Michigan | Allowed under common law (no statute): tenant may withhold rent (ideally paid into a separate escrow account, with written notice to the landlord) when the landlord breaches the duty to repair. Landlord breach and escrowed rent are statutory defenses to a nonpayment eviction. MCL 600.5720(1)(f),(g); MCL 554.139 | Allowed under common law (no statute): after reasonable (preferably written) notice to the landlord, a tenant may make necessary repairs and deduct the cost from rent; keep all receipts. MCL 554.139 (covenant of fitness and repair); common law |
| Minnesota | Rent escrow: after written notice of the violation, if the landlord has not fixed it within 14 days (or the time set in an inspector's order has run out), the tenant may deposit the full rent with the court administrator. A hearing is held 10–14 days later. The court can order repairs, abate rent, release escrowed funds to pay for repairs, and fine the landlord. Minn. Stat. § 504B.385 | No general statutory right for a tenant to make repairs and deduct the cost from rent on their own. A court can authorize the tenant to make repairs and deduct the cost from rent in a rent escrow or tenant remedies action. Minn. Stat. §§ 504B.385, 504B.425(c) |
| Mississippi | No statute authorizes rent withholding. The only statutory self-help remedy is repair-and-deduct under § 89-8-15, where the repair cost may be offset against future rent. A tenant may also end the tenancy for the landlord's material noncompliance after a 14-day notice (§ 89-8-13(2)–(3)). Miss. Code Ann. §§ 89-8-13, 89-8-15 | Allowed. If the landlord has not repaired a specific, material defect within 30 days after the tenant's written notice, the tenant may make the repair and is owed reimbursement within 45 days after giving the landlord receipted bills. Conditions: the tenant has met their own duties under § 89-8-25, the cost is no more than one month's rent, the tenant has not used this remedy in the previous 6 months, and the tenant is current on rent. Reimbursement is limited to the usual and customary charge for the repair, and the cost may be offset against future rent. Miss. Code Ann. § 89-8-15 |
| Missouri | No general right to withhold rent. The AG says a tenant who withholds rent may be evicted. Exceptions: repair-and-deduct under 441.234, and court-ordered rent payments in a deficient-housing/nuisance receivership action, which are a defense to eviction for nonpayment. RSMo 441.234; 441.570-441.580 | Allowed in narrow cases: tenant must have lived there 6 consecutive months, be current on rent, and have no uncured written lease-violation notice. The condition must affect habitability, sanitation, or security and violate a local housing/building code. Reasonable repair cost must be under $300 or one-half month's rent, whichever is greater, but never more than one month's rent. Tenant gives written notice; landlord has 14 days (or promptly in an emergency) to fix. Tenant then gives an itemized statement with receipts. Total deductions are capped at one month's rent in any 12-month period. RSMo 441.234 |
| Montana | No general right to withhold rent. Limited rent relief: deduction for repairs or essential services, or rent excused while tenant procures reasonable substitute housing during an essential-services failure. In a nonpayment action the tenant may counterclaim and the court may order rent paid into court. Mont. Code Ann. §§ 70-24-406, 70-24-408(1)(c), 70-24-421 | Yes. After notice, if the landlord does not repair within a reasonable time, tenant may make repairs costing no more than 1 month's rent and deduct the cost from rent. For essential services (heat, water, hot water, electricity, gas) the tenant may procure them and deduct the actual, reasonable cost. Mont. Code Ann. §§ 70-24-406(1)(b), 70-24-408 |
| Nebraska | No general self-help withholding statute. In a possession or rent action, the tenant may counterclaim for amounts owed by the landlord under the Act, and the court may order the tenant to pay accrued/accruing rent into court; if nothing remains due after offsets, the tenant gets judgment in the possession action. Neb. Rev. Stat. § 76-1428 | Limited: only for the landlord's deliberate or negligent failure to supply running water, hot water, heat, or essential services. After written notice, tenant may procure reasonable substitute services and deduct their actual and reasonable cost from rent (or recover diminution in rental value, or obtain substitute housing with rent excused). Neb. Rev. Stat. § 76-1427 |
| Nevada | Allowed. For habitability failures not remedied within 14 days of written notice, the tenant may withhold rent without late fees until the landlord remedies or attempts in good faith to remedy (justice courts must provide an escrow mechanism). For failure to supply essential services not remedied within 48 hours (excluding weekends/holidays) of written notice, the tenant may withhold rent that comes due during the noncompliance. NRS 118A.355(1)(d), (5); NRS 118A.380(1)(c), (3) | Allowed for minor defects: if the reasonable repair cost is less than $100 or one month's rent, whichever is greater, the tenant may give written notice; if the landlord does not use best efforts to comply within 14 days, the tenant may repair and deduct. Limited to $100 or one month's rent (whichever is greater) in any 12-month period. For failure to supply essential services, the tenant may procure them and deduct actual and reasonable cost after written notice and 48 hours (excluding weekends/holidays). NRS 118A.360; NRS 118A.380(1)(a) |
| New Hampshire | Limited: a tenant who was current on rent may defend a nonpayment eviction if the unit substantially violates RSA 48-A or local codes materially affecting habitability, the tenant gave written notice, and the landlord failed to fix it within 14 days (or promptly in an emergency). Tenant must pay withheld and accruing rent into court; court may continue the case up to 1 month for repairs. RSA 540:13-d | No statutory repair-and-deduct remedy. RSA ch. 540; RSA 540:13-d |
| New Jersey | Allowed by case law: if the landlord breaches the implied warranty of habitability (vital facilities), the tenant may withhold all or part of the rent and raise habitability as a defense or set-off in a nonpayment case. By statute, a tenant or public officer may also sue to have rents deposited into court and used to fix conditions in substantial violation of housing or health codes (lack of heat, running water, light, electricity, or sewage disposal, or other dangerous conditions), or to correct a wrongful diversion of utility service. Marini v. Ireland, 56 N.J. 130 (1970); Berzito v. Gambino, 63 N.J. 460 (1973); N.J.S.A. 2A:42-85 to -96 (rent receivership) | Allowed by case law, not statute. For defects in vital facilities, after giving the landlord notice and a reasonable time to repair, the tenant may make the repair and deduct the reasonable cost from rent. Marini v. Ireland, 56 N.J. 130 (1970) |
| New Mexico | Statutory rent abatement: after written notice of conditions violating the owner's § 47-8-20(A) duties, if not fixed within 7 days the resident may abate one-third of the pro-rata daily rent per day from the notice date until fixed, or 100% per day if the unit is uninhabitable and the resident does not live there. Alternatively, 7-day notice to terminate for material noncompliance. NMSA 1978, §§ 47-8-27.1, 47-8-27.2 | No statutory repair-and-deduct remedy (the UORRA remedies are rent abatement, termination, damages and injunctive relief). NMSA 1978, §§ 47-8-27.1, 47-8-27.2 |
| New York | No statutory withholding procedure. Every residential lease includes a non-waivable warranty of habitability; a tenant who withholds risks a nonpayment case but may counterclaim/defend for breach of the warranty and seek a rent abatement. Rent-regulated tenants may instead file a rent-reduction complaint with DHCR. N.Y. RPL § 235-b | No specific statute. Per the NY Attorney General, under the warranty of habitability tenants may, in extenuating circumstances, make necessary repairs and deduct reasonable repair costs from rent; keep receipts and records. N.Y. RPL § 235-b (warranty of habitability); NY AG Residential Tenants' Rights Guide |
| North Carolina | Not allowed: the tenant may not unilaterally withhold rent before a judicial determination of a right to do so. Rent and the landlord's fit-premises duties are mutually dependent, so a tenant may seek rent abatement/damages in court (including as a counterclaim). N.C. Gen. Stat. §§ 42-44(c), 42-41 | No statutory repair-and-deduct remedy. Tenant's remedies for breach of the landlord's repair duties are by civil action; tenant may not unilaterally withhold rent before a court determination. N.C. Gen. Stat. §§ 42-42, 42-44 |
| North Dakota | No statutory rent-withholding remedy. Per the ND Legal Self-Help Center, failure to make repairs is not a defense to nonpayment of rent, though a tenant who repaired and deducted under § 47-16-13 may dispute the amount owed. No statute; N.D.C.C. § 47-16-13 | Allowed: if the landlord neglects to repair dilapidations within a reasonable time after the tenant's notice, the tenant may repair and deduct the cost from rent, recover it another lawful way, or vacate and be discharged from further rent. N.D.C.C. § 47-16-13 |
| Ohio | Withholding rent directly is not authorized; instead, a tenant who is current on rent may deposit rent with the clerk of the municipal or county court (rent escrow) after giving the landlord written notice of the problem and the landlord fails to fix it within a reasonable time or 30 days, whichever is sooner. Tenant may also ask the court to order repairs, reduce rent, or release escrowed rent for repairs. Ohio Rev. Code § 5321.07(B) | No statutory repair-and-deduct remedy. Ohio's statutory repair remedy is rent escrow with the court (see rent_withholding), a court order to repair or reduce rent, or termination of the rental agreement. Ohio Rev. Code § 5321.07 |
| Oklahoma | No general right to withhold rent. Limited rent relief: repair-and-deduct (§ 121(B)); if landlord cuts essential services (heat, water, hot water, electricity, gas), tenant may buy substitute services and deduct the cost, or obtain substitute housing and be excused from rent during the noncompliance (§ 121(C)). 41 O.S. § 121 | Yes. For a material landlord breach affecting health that can be fixed for no more than one month's rent: tenant gives written notice; if the landlord fails to repair within 14 days (sooner in an emergency), tenant may have the work done and deduct the actual reasonable cost from rent after giving the landlord an itemized statement. Cap: one month's rent. 41 O.S. § 121(B) |
| Oregon | No general rent-withholding statute. Remedies for landlord noncompliance: 30-day termination notice if not cured within 7 days (essential services) or 30 days (other); damages; injunction; for essential-service failures, substitute services/deduct, diminished-rent damages, or substitute housing with rent excused. ORS 90.360; ORS 90.365 | Minor habitability defects repairable for not more than $300: tenant gives written notice with a repair date at least 7 days out; may then have a qualified person repair and deduct up to $300 with a written cost statement. Tenant may not do the work personally. For essential services, tenant may buy substitute services and deduct cost (ORS 90.365). ORS 90.368; ORS 90.365 |
| Pennsylvania | No general statute; withholding until a defect is fixed is a possible remedy under the implied warranty of habitability (Pugh v. Holmes). Separately, where an agency certifies a dwelling uninhabitable, tenants may pay rent into escrow under the City Rent Withholding Act (Act of Jan. 24, 1966, P.L. 1534, No. 536). Pugh v. Holmes (per AG guide); Landlord and Tenant Act § 206 (68 P.S. § 250.206) | No statute; recognized as a possible remedy under the implied warranty of habitability (Pugh v. Holmes, 405 A.2d 897 (Pa. 1979)) after notice and a reasonable opportunity for the landlord to repair. Pugh v. Holmes, 405 A.2d 897 (Pa. 1979), as described in PA AG Consumer Guide |
| Rhode Island | No self-help withholding statute. In a nonpayment or rent action, the tenant may counterclaim for the landlord's noncompliance; the court may order rent paid into court and nets the amounts owed - if no rent remains due, judgment for possession goes to the tenant. R.I. Gen. Laws § 34-18-32 | Yes, for repairs costing less than $500 in aggregate per year: tenant gives written notice; if the landlord does not comply (or show good-faith ongoing efforts) within 20 days, the tenant may have the work done in a skilled, code-compliant manner and deduct the actual reasonable cost after giving an itemized statement. R.I. Gen. Laws § 34-18-30 |
| South Carolina | No self-help withholding right. Landlord noncompliance may be raised as a defense/counterclaim in a possession or rent action, but the tenant must pay rent accruing after the Rule to Vacate into court and the rent allegedly owed before it, or face a warrant of ejectment. S.C. Code §§ 27-40-640, 27-40-790 | No. The Act expressly does not authorize tenants to make repairs and deduct the cost from rent. Limited exception: for a landlord's negligent/willful failure to supply essential services, after written notice and a reasonable time, the tenant may procure reasonable amounts of the service and deduct the actual reasonable cost. S.C. Code § 27-40-630 |
| South Dakota | Yes, when the needed repairs would cost more than one month's rent. After giving written notice that states the specific reason, the tenant may withhold rent but must immediately deposit it in a separate bank or savings and loan account and give the landlord written proof. The money is released to the landlord once repairs are made, or used for the repairs once enough has built up. SDCL 43-32-9 | Yes. If, within a reasonable time after notice, the landlord does not fix conditions that make the unit unfit to live in or unsafe, the tenant may make the repairs and deduct the cost from rent (or recover it from the landlord). The tenant may instead vacate and owe no further rent. SDCL 43-32-9 |
| Tennessee | No general rent-withholding statute. The only rent excusal: in URLTA counties, a tenant who gets reasonable substitute housing because the landlord deliberately or negligently failed to supply essential services owes no rent during the noncompliance (after written notice). T.C.A. 66-28-502(a)(1)(C) | Limited to essential services, in URLTA counties. If the landlord deliberately or negligently fails to supply essential services (utilities such as gas, heat and electricity, and other duties materially affecting health and safety), the tenant must give written notice and may then choose ONE remedy: (A) obtain the services and deduct the actual, reasonable cost from rent; (B) recover damages for the reduced rental value while staying in the unit; or (C) obtain reasonable substitute housing, paying no rent during the noncompliance. Attorney's fees are recoverable. T.C.A. 66-28-502 |
| Texas | Not permitted outside the statutory repair-and-deduct procedure. A tenant who withholds rent or deducts for repairs in violation of the subchapter is liable for actual damages, and after written warning, a bad-faith violation carries a civil penalty of one month's rent + $500. Tex. Prop. Code Sec. 92.058 | Yes, limited. For specified serious conditions (e.g., sewage backup, flooding, total loss of landlord-supplied water, inadequate heat/cooling certified by an official, or conditions certified by a housing official) after required notices, tenant may repair and deduct the greater of one month's rent or $500 (per month cap). Tex. Prop. Code Sec. 92.0561; Sec. 92.056 |
| Utah | No general withholding right. Instead, the renter may elect 'rent abatement' in the deficient-condition notice: if the owner fails to act within the corrective period, rent abates from the notice date, the lease terminates, the owner must return the entire deposit and prorated prepaid rent, and the renter must vacate within 10 calendar days. Utah Code 57-22-6(4)(a)(i) | Yes. After a written notice of deficient condition, if the owner fails to take substantial corrective action within the corrective period (3 calendar days for habitability standards; 10 calendar days for lease requirements), the renter may repair and deduct up to two months' rent (keeping receipts and giving copies within five days after the next rental period begins). Utah Code 57-22-6(1), (4)(a)(ii) |
| Vermont | Yes. If the landlord fails to make repairs within a reasonable time after actual notice (from the tenant, a government entity, or a qualified independent inspector) of a habitability noncompliance that materially affects health and safety, the tenant may withhold rent for the period of noncompliance, or seek injunctive relief, damages, costs and attorney's fees, or terminate on reasonable notice. 9 V.S.A. 4458 | Yes, for minor defects: if the landlord fails to repair within 30 days of notice, the tenant may repair and deduct the actual and reasonable cost, not to exceed one-half of one month's rent, giving the landlord actual notice of the cost. 9 V.S.A. 4459 |
| Virginia | No self-help withholding. Tenant may file a tenant's assertion in general district court and pay rent into court escrow (within five days of each due date); more than 30 days after the landlord receives written notice is presumed an unreasonable delay. Initial hearing within 15 calendar days of service on the landlord. Va. Code 55.1-1244 | Yes. If the landlord does not take reasonable steps within 14 days after written notice of a material noncompliance or hazard, the tenant may hire a licensed contractor (or licensed pest business for rodents) and deduct actual costs up to the greater of one month's rent or $1,500, after giving the landlord an itemized statement with receipts. Va. Code 55.1-1244.1 |
| Washington | No general right to withhold rent. Tenant may deposit rent into an escrow account only after a local government official certifies a condition that substantially endangers health or safety and the landlord fails to repair; tenant must notify the landlord within 24 hours of the deposit using the sworn form. RCW 59.18.115 | Yes. After written notice and the landlord's failure to start repairs within the statutory period, tenant may (a) hire a licensed/qualified contractor and deduct up to two months' rent per repair (max two months' rent in any 12 months), or (b) make the repair personally and deduct up to one month's rent per repair (max one month's rent in any 12 months). RCW 59.18.100; RCW 59.18.070 |
| West Virginia | No statute authorizes withholding rent. In a rent-arrears eviction, the tenant may raise the landlord's material breach (e.g., violation of the warranty of habitability) as a defense, which entitles the tenant to a hearing. W. Va. Code § 55-3A-3; Magistrate Court form MLTAWWO (Answer) | No statute authorizes repair-and-deduct. Landlord must deliver and maintain the unit in fit and habitable condition, comply with health/safety/fire/housing codes, keep facilities working, and supply running water, reasonable hot water, and reasonable heat from October 1 through the end of April. W. Va. Code § 37-6-30 |
| Wisconsin | Full rent withholding is not authorized while the tenant stays. If the unit becomes untenantable, or a landlord repair violation materially affects health or safety, rent abates to the extent the tenant loses full normal use. Alternatively, the tenant may move out unless the landlord promptly repairs, and owes no rent after the unit became untenantable. Wis. Stat. § 704.07(4) | No repair-and-deduct remedy. The landlord must keep the premises in reasonable repair, make structural repairs, keep landlord-supplied equipment working, and comply with local housing codes. These duties cannot be waived in a residential lease. Wis. Stat. § 704.07(1)-(2) |
| Wyoming | Not authorized by statute. The habitability remedies are available only to renters who are current on all payments and comply with W.S. 1-21-1204 and 1-21-1205. Relief comes through a court action. W.S. 1-21-1203(b), 1-21-1206(a), (c) | No repair-and-deduct remedy. A renter who is current on all payments must notify the owner in writing of the health or safety condition and the requested fix. If the owner does not respond or correct it within a reasonable time, the renter serves a 'notice to repair or correct condition' giving 3 days to begin repairs. If repairs still are not made, the renter may sue in circuit court for costs, damages (including rent improperly retained), termination of the lease, or an order to repair. W.S. 1-21-1203(b), 1-21-1206 |
Related questions
- Can a landlord enter without notice or permission?
- How long does a landlord have to return a security deposit?
- Can a landlord evict you without going to court, change the locks or shut off utilities?
- How long does an eviction take?
- How much notice does a landlord have to give before an eviction?
- Can a landlord raise the rent in the middle of a lease?
- How much notice does a landlord have to give to end a lease or not renew?
- How much can a landlord charge for a late fee?
- Can a landlord retaliate against a tenant for complaining?
- How much can a landlord charge for a security deposit?
- How long does a landlord have to sue for unpaid rent or damages?
- Can a landlord accept rent during an eviction?
- Can you be evicted in the winter?
- Can a landlord give an eviction notice by text or email?
- How much notice does a landlord have to give before raising the rent?
- Does a landlord have to give you a copy of the lease?
- What happens to tenants if the landlord goes into foreclosure?
- How long does a landlord have to keep a tenant's belongings?
- How do you remove a squatter?
- How much can a landlord charge for a rental application fee?
- What rental fees are illegal (junk fees)?
- Can I break my lease because of domestic violence?
- Can I break my lease for military orders, medical reasons or a death?
- Can a landlord refuse Section 8?
- Can an eviction be removed from your record?
- Do tenants get a free lawyer for an eviction?
- What are my rights without a written lease?
- Does a landlord have to fix mold?
- Who pays for pest control and bed bugs in a rental?
- Does a landlord have to provide heat?
- Does a landlord have to provide air conditioning?
- What can a landlord charge for at move-out (cleaning, painting, carpet)?
- Can a landlord put cameras in or around a rental?
- Can a landlord limit overnight guests or roommates?
- Can a landlord deny a service or emotional support animal?
- Can a landlord evict you for no reason?
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.