Tenant Repair Rights by State: Repair and Deduct, Rent Withholding, Retaliation (2026)
What a tenant can do when the landlord won't fix serious problems — and the protections against retaliation.
The warranty of habitability
Almost every state requires landlords to keep rental housing fit to live in — working heat, plumbing, hot water, electricity, a weather-tight structure and compliance with health and building codes. When a landlord fails to make serious repairs after notice, states give tenants different remedies.
Common tenant remedies
- Repair and deduct: fix the problem and subtract the cost from rent, within limits and after written notice.
- Rent withholding or escrow: hold back rent, or pay it into a court or escrow account, until repairs are made.
- Code enforcement: report the conditions to the local housing or health inspector.
- End the lease or sue for damages or a rent reduction.
Follow your state's procedure exactly. Withholding rent where it isn't allowed — or without the required notice — can lead to an eviction for nonpayment.
Repairs & Habitability: all 50 states and DC
| State | Repair and deduct | Withholding rent | Retaliation protection |
|---|---|---|---|
| Alabama | 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 | 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 | A landlord may not retaliate by raising rent, decreasing services, or bringing or threatening an action for possession because the tenant (1) complained to a government code-enforcement agency about a health or safety violation, (2) complained to the landlord about a § 35-9A-204 maintenance violation, or (3) organized or joined a tenants' union. Remedies are those in § 35-9A-407 plus a defense to eviction. Ala. Code § 35-9A-501 |
| Alaska | 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) | 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 | A landlord may not raise rent, decrease services, or bring or threaten an eviction because the tenant complained about the landlord's failure to meet its duties, sought to enforce rights under the Act, organized or joined a tenants' union, or complained to a government agency responsible for housing, wage, price, or rent controls. The tenant may terminate or defend against eviction, and in either case may recover up to 1.5 times actual damages. AS 34.03.310; AS 34.03.210 |
| Arizona | 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 | 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 | A landlord may not raise rent, decrease services, or bring or threaten an eviction after the tenant (1) complained to a building or housing code agency about a health or safety violation, (2) complained to the landlord about a § 33-1324 maintenance violation, (3) organized or joined a tenants' union, or (4) complained to a wage-price stabilization agency. A complaint within 6 months before the alleged retaliation creates a presumption of retaliation. A.R.S. § 33-1381 |
| Arkansas | 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) | 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) | No statute — Arkansas has no landlord anti-retaliation statute. The Residential Landlord-Tenant Act (Ch. 17) and the deposit subchapter contain no retaliation provision or presumption period. Ark. Code Ann. Title 18, Ch. 17 (§§ 18-17-101 et seq.); §§ 18-16-301 to -306 |
| California | 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 | 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 | A landlord may not evict, raise rent, or reduce services within 180 days after the tenant, in good faith, gives a repair notice under § 1942, reports a suspected bed bug infestation, complains about habitability, complains to a housing agency, or takes part in a related inspection, lawsuit, or arbitration. This applies only if the tenant is not behind on rent, and a tenant may invoke it once per 12 months. Retaliation for organizing or joining a tenants' association, or for exercising other legal rights, is also unlawful. Threatening to report a tenant to immigration authorities counts as retaliation. Cal. Civ. Code § 1942.5 |
| Colorado | 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) | 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) | A landlord may not retaliate (raise rent, cut services, end or not renew the lease, bring or threaten eviction, harass, or charge fees) because the tenant made a good-faith complaint about a habitability condition to the landlord, a nonprofit, or a government agency; joined or organized a tenants' association; or used habitability remedies. The tenant need only show that the protected activity was a motivating factor. Remedies: the greater of three months' rent or three times actual damages, plus attorney fees. The tenant may also terminate the lease and raise retaliation as a defense to eviction. C.R.S. § 38-12-509 |
| Connecticut | 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 | 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 | Landlord may not sue for possession, raise rent, or reduce services within 6 months after the tenant in good faith: tries to remedy a code violation (including contacting officials or filing a fair rent commission complaint); triggers a municipal notice or order; requests repairs; files a § 47a-14h action; or organizes or joins a tenants' union. Exceptions include nonpayment, lease violations, and good-faith owner occupancy. Conn. Gen. Stat. §§ 47a-20, 47a-20a |
| Delaware | 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 | 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 | Landlord may not seek possession, force the tenant out, raise rent, or cut services after the tenant in good faith complains of a code violation, a government agency cites a violation, the tenant organizes or leads a tenant organization, or the tenant pursues a legal remedy. Rebuttable presumption if the adverse action is within 90 days. Tenant recovers the greater of 3 months' rent or treble damages, plus costs (not attorney fees). 25 Del. C. § 5516 |
| District of Columbia | 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 | 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) | Landlord may not retaliate (eviction, rent increase, service cuts, harassment, privacy violations, refusing to renew or honor the lease) for: witnessed or written repair requests, contacting officials about code violations, lawfully withholding rent after notice, tenant organizing, enforcing lease rights, or suing the landlord. If the landlord acts within 6 months after such an act, retaliation is presumed and the landlord must rebut it by clear and convincing evidence. D.C. Code § 42-3505.02 |
| Florida | No statutory repair-and-deduct remedy for residential tenants. Fla. Stat. §§ 83.56(1), 83.60 | 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) | Landlord may not discriminatorily raise rent, reduce services, or sue/threaten to sue for possession primarily because the tenant in good faith complained to a government agency about code violations, organized or joined a tenant organization, complained to the landlord under § 83.56(1), exercised servicemember termination rights, paid an association after demand, or exercised fair housing rights. No statutory presumption period. Not a defense if the eviction is for good cause such as nonpayment or lease violations. Fla. Stat. § 83.64 |
| Georgia | 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 | 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 | Landlord may not retaliate because a tenant, in good faith, asserted a lease or legal right, asked for repairs or used a remedy under the landlord-tenant chapter, complained to a housing or code enforcement agency or a utility about a condition the landlord must fix, or formed or joined a tenant organization about habitability. A tenant makes a prima facie case of retaliation if, within 3 months after the protected act, the landlord files for eviction (with exceptions), deprives the tenant of use of the premises, reduces services, raises rent, terminates the lease, or materially interferes with the tenant's lease rights. Retaliation is a defense to eviction. Remedy: a civil penalty of one month's rent plus $500, court costs, reasonable attorney's fees if the conduct was willful, wanton or malicious, and declaratory relief, minus any rent or other sums the tenant owes. O.C.G.A. § 44-7-24 |
| Hawaii | 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 | 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 | While the tenant keeps paying rent, the landlord may not evict, force the tenant out, raise rent, or cut services after the tenant in good faith complains to a government agency or the landlord about health or code violations, an agency cites a violation, or the tenant requests repairs under §§ 521-63/521-64. No fixed presumption period. Tenant recovers damages plus costs and reasonable attorney's fees. HRS § 521-74 |
| Idaho | 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) | 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' | No statute — Idaho has no general anti-retaliation statute for residential tenants. The Idaho Attorney General's Landlord and Tenant Manual says a landlord may not evict a tenant for asking for repairs or joining a tenants' association, but it cites no statute and sets no presumption period. Tenants in manufactured home communities are protected by statute: the landlord may not end or refuse to renew the tenancy, raise rent, cut services, or threaten eviction because the resident complained in good faith to a code agency or to the landlord, joined or led a resident association, or hired a lawyer or agent. No statute (Idaho Code Title 6 ch. 3 and Title 55 chs. 2-3 checked); Idaho Code § 55-2015 (manufactured home communities only) |
| Illinois | 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 | 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' | Landlord may not knowingly terminate, raise rent, decrease services, sue or threaten to sue for possession, or refuse to renew because the tenant in good faith complained of code violations to government or a community organization, requested repairs, joined/organized a tenants' union, testified about conditions, or exercised any legal right. Rebuttable presumption of retaliation if protected activity occurred within one year before the landlord's act. Remedies: defense to eviction, termination, recovery of possession, and the greater of 2 months' rent or 2 times damages, plus attorney's fees. 765 ILCS 721/5-20 (Landlord Retaliation Act) |
| Indiana | 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 | Not authorized by statute; the statutory remedy is a court action under IC 32-31-8-6. IC 32-31-8-6 | Landlord may not raise rent, decrease/interfere with services, or bring or threaten an eviction/possession action in response to a tenant complaining to a code-enforcement agency about health/safety violations, complaining in writing to the landlord about IC 32-31-5-6 or 32-31-8-5 violations, suing under IC 32-31-6 or 32-31-8, joining a tenant organization, or testifying against the landlord. No statutory presumption period. Exceptions include non-renewal at end of term, market-rate rent increases, and evictions for unpaid rent or health/safety lease violations. IC 32-31-8.5-2 through 32-31-8.5-6 |
| Iowa | 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) | 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 | Landlord may not raise rent, decrease services, or bring or threaten an action for possession after the tenant complains to a code-enforcement agency about a health/safety violation, complains to the landlord about a § 562A.15 violation, or organizes or joins a tenants' union. A good-faith complaint within one year before the alleged retaliation creates a presumption of retaliation. Tenant may recover actual damages and attorney fees and has a defense to eviction. Iowa Code § 562A.36 |
| Kansas | 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 | 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 | Landlord may not retaliate by increasing rent or decreasing services after a tenant complains to a code-enforcement agency about a health/safety violation, complains to the landlord about a K.S.A. 58-2553 violation, or organizes or joins a tenants' union. Remedies: those in K.S.A. 58-2563 (recover possession or terminate, plus the greater of 1.5 months' rent or actual damages) and a defense to eviction. No statutory presumption period. K.S.A. 58-2572 |
| Kentucky | 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 | 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: landlord may not raise rent, decrease services, or bring or threaten eviction after a tenant complains to a code agency, complains to the landlord about KRS 383.595 maintenance duties, or joins/organizes a tenants' union. A complaint within one year before the act creates a presumption of retaliation. Remedies: those in KRS 383.655 (up to 3 months' rent plus attorney fees) and a defense to eviction. Non-URLTA areas: no statute. KRS 383.705 |
| Louisiana | 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) | 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 | No statewide statute identified. In New Orleans, the city's Healthy Homes ordinance protects tenants who use its complaint process ('protected activity'). New Orleans Healthy Homes Ordinance (City Code ch. 26) |
| Maine | 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 | 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) | Rebuttable presumption of retaliation if the landlord files an eviction within 6 months after the tenant: asserted rights under §§ 6015, 6016, 6021, 6030-D, 6030-I or 6030-J; made a good-faith code complaint (or a code agency filed one); made a good-faith written complaint or repair request; filed a fair-housing complaint with the Maine Human Rights Commission or HUD; notified the landlord of domestic violence/sexual assault/stalking victim status; or reported sexual harassment by the landlord. 14 M.R.S. § 6001(3) |
| Maryland | No statute Md. Code, Real Prop. § 8-211 (rent escrow is the statutory repair remedy) | 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) | Landlord may not bring or threaten a possession action, arbitrarily raise rent or reduce services, or terminate a periodic tenancy because the tenant made a good-faith complaint (to the landlord or a public agency) about a lease/law violation or a substantial health or safety threat, sued or testified in a suit involving the landlord, joined a tenants' organization, or called police/emergency services. Remedy: damages up to 3 months' rent plus reasonable attorney's fees and costs. Md. Code, Real Prop. § 8-208.1 |
| Massachusetts | 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 | 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 | Prohibited. Protected acts include: pursuing a court or agency action to enforce housing laws; reporting suspected health, building, or housing code violations to the board of health or a similar agency, or complaining in writing to the landlord; organizing or joining a tenants' union; and certain c. 164 § 124D and c. 183A rent-payment rights. A termination notice (other than for nonpayment), a rent increase, or a substantial change in lease terms within 6 months after protected activity is presumed retaliatory. The landlord can rebut the presumption only by clear and convincing evidence. Damages: at least 1 and up to 3 months' rent, or actual damages if greater, plus costs and reasonable attorney's fees. G.L. c. 186, § 18 |
| Michigan | 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 | 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 | Defense to eviction: no judgment for possession if termination was intended primarily as a penalty for the tenant's attempt to enforce lease or legal rights, complaint to a government authority about a health/safety code violation, or other lawful tenancy-related act (including joining a tenant organization), or if the landlord added lease obligations as such a penalty. Presumption of retaliation if the tenant's protected action through a court or government agency occurred within 90 days before the eviction case began and was not dismissed/denied. MCL 600.5720(1)(a)-(c),(e); MCL 600.5720(2) |
| Minnesota | 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) | 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 | It is a defense to eviction if the landlord's notice or action is, in whole or part, a penalty for the tenant's good-faith attempt to enforce lease or legal rights or a good-faith report of code violations to a government authority. Rent increases or service cuts as penalties are also barred. If the notice to quit was served within 90 days after the protected act, the landlord must prove it was not retaliatory. After 90 days, the burden is on the tenant. Minn. Stat. §§ 504B.285, subds. 2-3; 504B.441 |
| Mississippi | 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 | 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 | Very limited. There is no general anti-retaliation statute and no presumption period. The only reference is in § 89-8-17(2): after a lease expires, a landlord may raise the rent only if the action's dominant purpose was not retaliation for the tenant's actions authorized under the Act, and the landlord had received written notice of each condition the tenant acted on. Miss. Code Ann. § 89-8-17(2) |
| Missouri | 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 | 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 | No general statewide anti-retaliation statute for residential tenants. RSMo Chs. 441, 534 and 535 (no section on retaliation) |
| Montana | 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 | 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 | Landlord may not raise rent, reduce services, or bring or threaten a possession action after the tenant complained to a government code-enforcement agency, made a written complaint to the landlord about § 70-24-303 duties, or organized/joined a tenants' union. A complaint within 6 months before the act creates a rebuttable presumption of retaliation. Mont. Code Ann. § 70-24-431 |
| Nebraska | 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 | 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 | Landlord may not raise rent, decrease services, or bring/threaten a possession action because the tenant complained to a government agency about a housing-code violation affecting health and safety, or organized/joined a tenants' union. Tenant may use § 76-1430 remedies and raise retaliation as a defense. Neb. Rev. Stat. § 76-1439 |
| Nevada | 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) | 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) | Landlord may not terminate/refuse to renew, raise rent, decrease essential services, or bring or threaten a possession action because the tenant in good faith complained of building/housing/health code violations, complained to the landlord or law enforcement of a violation of Ch. 118A or a criminal statute, organized or joined a tenants' union, instituted or defended a habitability proceeding, filed a fair housing complaint, or is a victim of domestic violence, harassment, sexual assault or stalking (among other listed acts). Tenant gets NRS 118A.390 remedies and a defense to a retaliatory possession action. NRS 118A.510 |
| New Hampshire | No statutory repair-and-deduct remedy. RSA ch. 540; RSA 540:13-d | 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 | Defense to eviction if retaliatory for: reporting (in good faith) a code or RSA 540-A violation to the landlord or an enforcement agency; filing an RSA 540-A action or using RSA 540:13-d; or meeting/organizing with other tenants. Rebuttable presumption of retaliation if the landlord evicts, raises rent, or substantially changes terms within 6 months of the protected act. RSA 540:13-a; RSA 540:13-b |
| New Jersey | 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) | 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) | A landlord may not serve a notice to quit, sue for possession, or substantially change the tenancy (including refusing to renew without cause) as a reprisal for the tenant: trying to secure or enforce rights under the lease or law; making a good-faith complaint to a government authority about a health or safety violation (after first notifying the landlord and allowing reasonable time to fix it); or organizing, joining, or taking part in a lawful organization. The tenant wins the possession case if reprisal is shown, and may sue for damages and injunctive relief. N.J.S.A. 2A:42-10.10 to -10.13 |
| New Mexico | 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 | 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 | An owner may not raise rent, reduce services, or bring/threaten an eviction because, within the previous 6 months, the compliant resident complained to a code-enforcement agency, joined/organized a residents' association, exercised UORRA rights (including written repair requests), made a fair housing complaint, won or has pending a lawsuit against the owner about the residency, testified for another resident, or lawfully abated rent. Retaliation is a defense to eviction; owner is liable for 2x monthly rent plus attorney's fees. NMSA 1978, §§ 47-8-39, 47-8-48(C) |
| New York | 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 | 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 | Landlord may not serve a notice to quit, sue for possession, or substantially alter the tenancy (including refusing to renew or an unreasonable rent increase) because the tenant made a good-faith complaint to the landlord or a government agency about health/safety, habitability, or housing law violations, took good-faith action to enforce lease or legal rights, or joined a tenants' organization. Retaliation is presumed if the action occurs within one year after the protected act. N.Y. RPL § 223-b |
| North Carolina | 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 | 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 | Protected acts: good-faith repair requests/complaints to the landlord, complaints to a government agency about health/safety/housing code violations, a government agency's formal complaint, good-faith efforts to enforce lease or legal rights, and tenant-organizing. Tenant may raise retaliation as a defense if the eviction is substantially in response to a protected act within 12 months before filing; if proven, the court denies ejectment. N.C. Gen. Stat. §§ 42-37.1, 42-37.2 |
| North Dakota | 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 | 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 | No statute — N.D.C.C. chapters 47-16 (leases) and 47-32 (eviction) contain no general rule against landlord retaliation. The only express retaliation bar protects a tenant who ends a lease under the domestic-violence provision; a court may award $1,000 statutory damages plus actual damages, attorney's fees and costs. N.D.C.C. chs. 47-16 and 47-32 (checked); § 47-16-17.1(10)-(11) |
| Ohio | 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 | 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) | Landlord may not raise rent, reduce services, or bring/threaten an eviction action because the tenant complained to a government agency about a code violation materially affecting health and safety, complained to the landlord about a § 5321.04 violation, or joined with other tenants to negotiate with the landlord. Tenant may use retaliation as a defense, recover possession or terminate, and recover actual damages and attorney's fees. Ohio Rev. Code § 5321.02 |
| Oklahoma | 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) | 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 | No general anti-retaliation statute. The Oklahoma Residential Landlord and Tenant Act does not protect tenants who complain about conditions or exercise other rights. One narrow exception: a landlord may not deny a tenancy to, or retaliate against, a tenant because the tenant previously ended a rental agreement as a victim of domestic violence, sexual violence or stalking (§ 113.3). 41 O.S. §§ 101-136 (no general retaliation section); 41 O.S. § 113.3 |
| Oregon | 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 | 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 | Landlord may not raise rent, reduce services, serve a termination notice, or sue for possession because the tenant complained to a government agency, made a good-faith complaint to the landlord, joined a tenant organization, testified against the landlord, or successfully defended a possession action within the previous 6 months. Tenant has a defense and the ORS 90.375 remedies. ORS 90.385 |
| Pennsylvania | 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 | 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 general statewide anti-retaliation statute. Limited protections: a lease may not be terminated or non-renewed because of participation in a tenants' association (§ 205); retaliation for exercising rights under the Utility Service Tenants Rights Act is prohibited (68 P.S. § 399.11). 68 P.S. § 250.205; 68 P.S. § 399.11 (per AG guide) |
| Rhode Island | 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 | 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 | Landlord may not raise rent, decrease services, or bring/threaten a possession action because the tenant complained to a code-enforcement agency, complained to the landlord about maintenance violations, organized or joined a tenants' union, or exercised other lawful rights. Retaliation is presumed if the tenant complained within 6 months before the landlord's action. R.I. Gen. Laws § 34-18-46 |
| South Carolina | 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 | 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 | Landlord may not increase rent above fair-market value, decrease essential services, or bring a possession action because the tenant complained to a code-enforcement agency about a material health/safety violation or complained to the landlord about a violation of the Act. Retaliation is a defense to eviction, but the tenant must notify the landlord in writing within 10 days after service of the Rule to Vacate or Show Cause that the tenant intends to raise it. A retaliating landlord is liable for up to 3 months' rent or treble actual damages, whichever is greater, plus attorney's fees. S.C. Code § 27-40-910 |
| South Dakota | 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 | 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 | No statutory presumption. After a protected act, a tenant may sue if the landlord retaliates by raising rent above fair market value, decreasing electric, gas, water, or sewer service, or giving a notice to vacate that is not based on a lease breach. Protected acts are a good-faith complaint to a government agency about a housing or building code violation affecting health and safety (once the landlord has written notice of it), a written repair notice under 43-32-9, and organizing or joining a tenants' union or organization. The landlord has a defense if the notice to vacate came more than 180 days after the protected act. Not renewing a written lease is not retaliation. SDCL 43-32-27, 43-32-28 |
| Tennessee | 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 | 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) | URLTA counties: a landlord may not retaliate by raising rent, cutting services, or bringing or threatening an eviction because the tenant complained to the landlord of a violation under 66-28-301 or used remedies under the URLTA. Exceptions: the landlord may still seek possession if the tenant's household caused the code violation, the tenant is behind on rent, or code compliance requires work that would effectively deprive the tenant of the unit. The statute sets no time-based presumption of retaliation. T.C.A. 66-28-514 |
| Texas | 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 | 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 | Landlord may not, within six months after a tenant in good faith exercises a legal right, gives a repair notice, complains to a code-enforcement or other agency, or participates in a tenant organization, file an eviction (except on statutory grounds), deprive use of the premises, decrease services, raise rent, terminate the lease, or engage in bad-faith interference. Remedy: one month's rent + $500, actual damages, court costs and attorney's fees. Tex. Prop. Code Sec. 92.331; 92.332; 92.333 |
| Utah | 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) | 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) | No statute — Utah has no general law barring landlord retaliation (for example, for complaining about repairs). One limited rule: an owner may not restrict a renter's ability to ask a public safety agency (such as police or fire) for help, and may not penalize or evict a renter for making reasonable requests for that help. Utah Code 57-22-5.1(10); Utah Fit Premises Act (57-22) and Forcible Entry and Detainer (78B-6 Part 8) checked |
| Vermont | 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 | 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 | Landlord may not retaliate (by setting or changing lease terms, or by bringing or threatening an action) because a tenant complained to a government agency about a health/safety violation, complained to the landlord about a chapter 137 violation, or organized/joined a tenants' union. A termination notice (other than for nonpayment) served within 90 days after a state or municipal finding of a health or safety noncompliance is presumed retaliatory (rebuttable). 9 V.S.A. 4465 |
| Virginia | 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 | 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 | Landlord may not raise rent, decrease services, bring or threaten an action for possession, or terminate the lease in retaliation for a tenant's code complaint to a government agency, complaint to the landlord or lawsuit about a VRLTA violation, organizing/joining a tenants' organization, or testifying against the landlord. Tenant bears the burden of proving retaliatory intent; no statutory presumption period. Va. Code 55.1-1258 |
| Washington | 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 | 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 | Landlord may not evict, raise rent, reduce services or increase obligations (or threaten to) in retaliation for good-faith complaints to a government authority about code violations or for asserting rights under RCW 59.18. Action within 90 days after the protected act (or a resulting inspection/proceeding) is presumed retaliatory. RCW 59.18.240; RCW 59.18.250 |
| West Virginia | 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 | 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 retaliation statute with protected-act list or presumption period. Retaliatory eviction is a recognized defense: the official answer form lists 'action was filed in retaliation for complaints I made about the premises', and § 55-3A-3(g) preserves possession on appeal in retaliatory-eviction cases. W. Va. Code § 55-3A-3(g); Magistrate Court form MLTAWWO |
| Wisconsin | 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) | 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) | Landlord may not raise rent, decrease services, bring an eviction, refuse to renew, or threaten any of these because the tenant: complained in good faith about a defect to a public official or local code-enforcement agency, complained to the landlord about a § 704.07 or housing-code violation, or exercised a legal tenant right. ATCP 134.09(5) also protects joining or organizing a tenants' union, and a lease allowing retaliation for calling police, health, or safety services is void. Wis. Stat. § 704.45; Wis. Admin. Code ATCP 134.09(5); Wis. Stat. § 704.44(1m) |
| Wyoming | 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 | 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 statute — Wyoming has no general law barring landlord retaliation (for example, for complaining about repairs or contacting an inspector). The only related rule: a landlord may not end a tenancy based solely on a tenant's or household member's status as a victim of domestic abuse or sexual violence. W.S. 1-21-1303(c); Title 1, Ch. 21, Arts. 10, 12, 13 and 14 checked |
Frequently asked questions
Can my landlord raise my rent or evict me because I complained?
Most states prohibit retaliation against tenants who report code violations, request repairs or join a tenant organization, and many presume retaliation if the landlord acts within a set period after the complaint. See your state's row for the rule.
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.