Question 1

Can a tenant withhold rent for repairs in California?

Accepted Answer

In California, a landlord may not demand or collect rent, give notice of a rent increase or serve a three-day notice to pay rent or quit while the dwelling substantially lacks the basic habitability standards or is declared substandard, a housing enforcement officer has inspected and notified the landlord in writing to repair, and the conditions remain unabated without good cause 35 days after that notice was served, unless the tenant caused them. The tenant does not have to use any other remedy first. A landlord who violates the section is liable for the tenant’s actual damages and special damages of not less than $100 and not more than $5,000, the prevailing party recovers reasonable attorney’s fees and costs, and the court may order the landlord to abate the nuisance and make the repairs. The claim may be brought in small claims court if it is within that court’s limit. Separately, when a tenant sued for unpaid rent raises the landlord’s breach of habitability as a defense and the court finds a substantial breach, the court sets the reasonable rental value of the unit in its untenantable state, denies the landlord possession if the tenant pays the rent so adjusted within a reasonable time not exceeding five days, and limits the monthly rent to that value until repairs are completed. Repair-and-deduct is a different remedy with its own rules. This is Cal. Civ. Code § 1942.4; Cal. Code Civ. Proc. § 1174.2.

Question 2

Can a tenant withhold rent for repairs in Florida?

Accepted Answer

In Florida, a tenant may withhold rent because the landlord materially fails to comply with the duty to follow building, housing and health codes or, where there are none, to keep the structure and plumbing in repair, once 7 days have passed after the tenant delivers written notice specifying the problem and stating the intention not to pay rent for that reason, and that failure is then a complete defense to an eviction for nonpayment. The notice may go to the landlord, the landlord’s designated representative, a resident manager or whoever collects the rent. At the hearing, the court or jury decides how much, if anything, the rent is reduced to reflect the loss in value of the unit during the noncompliance. In an eviction for possession, a tenant who raises any defense other than payment must pay the accrued rent alleged in the complaint, or the amount the court sets, and the rent that comes due during the case into the registry of the court, or file a motion to determine the rent, within 5 days after service, excluding Saturdays, Sundays and legal holidays, or the defenses other than payment are waived and the landlord is entitled to an immediate default judgment. Repair-and-deduct is a different remedy with its own rules. This is Fla. Stat. § 83.60.

Question 3

Can a tenant withhold rent for repairs in New York?

Accepted Answer

In New York, a court may stay an eviction for nonpayment or an action for rent over a condition that constructively evicts the tenant from part of the home or endangers life, health or safety, but only if the tenant deposits the rent then due with the court clerk. The stay may rest on a municipal notice or order to remove a nuisance or violation or to make repairs, or on proof of the condition itself, and where there is such a notice or order the landlord has the burden of disproving the condition. No stay is granted where the condition was created by the willful or negligent act of the tenant or the tenant’s agent. The stay may be vacated on three days’ notice if the tenant fails to deposit the rent with the clerk within five days after it is due while the case is pending. During the stay the court may release deposited money to a contractor or materialman, or to a municipal department, to pay for necessary maintenance and repairs when the landlord is not meeting those obligations, and when the stay is vacated the remaining money is paid to the landlord. Repair-and-deduct is a different remedy with its own rules. This is N.Y. RPAPL § 755.

Question 4

Can a tenant withhold rent for repairs in Pennsylvania?

Accepted Answer

In Pennsylvania, once a covered city’s inspection or public safety department, or a city or county public health department, certifies a dwelling as unfit for human habitation, the tenant’s duty to pay rent is suspended and a tenant who stays deposits the rent in an escrow account at a bank or trust company the city or county approves. The statute applies to dwellings in cities of the first, second, second class A and third class; it does not require any notice from the tenant, because the trigger is the agency’s certification. The duty to pay rent stays suspended until the dwelling is certified fit or the tenancy ends for a reason other than nonpayment. The escrowed rent is paid to the landlord if the dwelling is certified fit within six months of being certified unfit; if not, the money is payable to the tenant, except that escrowed funds may be used to make the dwelling fit and to pay utility services the landlord is obligated to pay but does not. No tenant may be evicted for any reason while rent is deposited in escrow. Repair-and-deduct is a different remedy with its own rules. This is 35 P.S. § 1700-1.

Question 5

Can a tenant withhold rent for repairs in Ohio?

Accepted Answer

In Ohio, a tenant who is current on rent may give the landlord written notice of a failure to meet the landlord’s repair, rental agreement or code obligations and, if the landlord does not remedy it within a reasonable time or within 30 days, whichever is sooner, deposit all rent due with the clerk of the municipal or county court. The notice must specify the acts, omissions or code violations that constitute noncompliance and be sent to the person or place where rent is normally paid. Instead of depositing rent, the tenant may apply to the court for an order directing the landlord to remedy the condition, which may also reduce the rent until the condition is remedied or let deposited rent be used to remedy it, or the tenant may terminate the rental agreement. The remedy does not apply to a landlord who is a party to rental agreements covering three or fewer dwelling units and gives written notice of that fact, or to a dwelling unit occupied by a student tenant. The clerk gives the landlord written notice of the deposit, holds the rent in a separate rent escrow account, and may charge a fee of one percent of the rent deposited as court costs. The landlord may apply for release of the rent on the ground that the condition has been remedied, that the tenant did not give the required notice or was not current in rent when the deposits began, or that there was no violation, and a trial must be held within sixty days of the landlord’s complaint unless continued for good cause. If the condition was the result of the tenant’s act or omission, or the tenant intentionally acted in bad faith, the tenant is liable for the landlord’s damages and costs, plus reasonable attorney’s fees for intentional bad faith. Repair-and-deduct is a different remedy with its own rules. This is Ohio Rev. Code §§ 5321.07, 5321.08, 5321.09.

Question 6

Can a tenant withhold rent for repairs in Michigan?

Accepted Answer

In Michigan, where the Housing Law of Michigan applies, a tenant’s duty to pay rent is suspended while the premises have no certificate of compliance or the certificate is suspended, and the suspended rent must be paid into an escrow account set up by the enforcing agency. The suspension does not apply until the owner has had a reasonable time after notice of violations to apply for a temporary certificate, and it does not apply where the owner shows that the occupant caused the hazardous conditions. Escrowed rent is paid out to the landlord or another party authorized to make repairs to cover correcting the violations, and rent becomes due again once the certificate is reinstated or a temporary certificate is issued. If withheld rent is not paid into the escrow account, the landlord may sue for rent and for possession for nonpayment, subject to the tenant’s defenses. The Housing Law applies to each city, village and township with a population of 10,000 or more, but not to private and two-family dwellings in a place with fewer than 100,000 people unless its legislative body adopts those provisions by resolution. Separately, in an eviction for nonpayment the judge or jury must deduct any portion of the rent found to be excused by the landlord’s breach of the lease or of the statutory covenants of fitness and repair. Repair-and-deduct is a different remedy with its own rules. This is MCL 125.530, 125.401, 600.5741.

Question 7

Can a tenant withhold rent for repairs in New Jersey?

Accepted Answer

In New Jersey, a tenant may ask the court for a judgment directing that rents be deposited with the clerk of the court and used to fix conditions in substantial violation of housing or health code fitness standards, after bringing them to the owner’s or manager’s attention without action within a reasonable period. The grounds include a lack of heat, running water, light, electricity or adequate sewage disposal, any other condition in substantial violation of State or local housing or health code fitness standards, or any other condition dangerous to life, health or safety; a public officer may bring the same proceeding. The petition must describe the work needed with a cost estimate and state each petitioning tenant’s monthly rent. The owner has a defense if the conditions did not exist or have been remedied, were caused maliciously or by abnormal or unusual use by a petitioning tenant or the tenant’s family, or if any tenant refused the owner entry to correct them. If the tenant prevails, rents then due and as they fall due from the petitioner and all other tenants are deposited with the clerk and used under the court’s direction to remedy the conditions, and any surplus goes to the owner with a full accounting; the court may instead let the owner, a mortgagee or a lienor do the work after posting security, and may appoint an administrator. Rent deposited under the judgment is a valid defense to an eviction for nonpayment. The act covers rental dwellings except owner-occupied premises with not more than two rental units, and excludes public housing and hotel, motel or guest-house space. Repair-and-deduct is a different remedy with its own rules. This is N.J.S.A. 2A:42-86, 2A:42-87, 2A:42-88, 2A:42-90, 2A:42-91, 2A:42-92, 2A:42-93.

Question 8

Can a tenant withhold rent for repairs in Virginia?

Accepted Answer

In Virginia, a tenant may file a tenant’s assertion in the general district court when the landlord, after written notice from the tenant or a violation or condemnation notice from a state or local agency, refused or failed to remedy a material noncompliance or a serious threat to life, health or safety, and the tenant must pay the rent into court within five days of each date it is due. More than 30 days from the landlord’s receipt of the notice is presumed to be an unreasonable delay. The landlord has a defense if the conditions do not exist, have been remedied, were caused by the tenant, the tenant’s family, guest or invitee, or the tenant unreasonably refused the landlord entry to correct them. The court may terminate the rental agreement, continue the escrow until the conditions are remedied, abate the rent, or release escrowed money to pay for repairs, and if the condition is not remedied within six months of the escrow account being established and the landlord has not made reasonable attempts, the court must award all money in escrow to the tenant. The initial hearing must be held within 15 calendar days of service on the landlord, or earlier where emergency conditions such as no heat in winter are alleged. Repair-and-deduct is a different remedy with its own rules. This is Va. Code § 55.1-1244.

State	Rent withholding	Source
California	No rent due 35 days after an inspector’s repair notice	Cal. Civ. Code § 1942.4; Cal. Code Civ. Proc. § 1174.2
Connecticut	Sue, then pay rent to the court clerk	Conn. Gen. Stat. § 47a-14h
Delaware	Keep 2/3 of daily rent after 48 hours without heat or water	25 Del. C. § 5308
Florida	Withhold after 7 days’ written notice	Fla. Stat. § 83.60
Maryland	Pay rent into court in a rent escrow action	Md. Code, Real Prop. § 8-211
Massachusetts	Withhold; landlord must have known before arrears	M.G.L. c. 239, § 8A
Michigan	Rent to agency escrow without a compliance certificate	MCL 125.530, 125.401, 600.5741
Minnesota	Pay rent to the court after 14 days’ written notice	Minn. Stat. §§ 504B.385, 504B.415
Nevada	Withhold after 14 days’ notice; escrow it to defend	NRS 118A.355, 118A.380
New Hampshire	Withhold after 14 days’ notice; pay into court if sued	RSA 540:13-d
New Jersey	Petition the court to have rent paid to its clerk	N.J.S.A. 2A:42-86, 2A:42-87, 2A:42-88, 2A:42-90, 2A:42-91, 2A:42-92, 2A:42-93
New Mexico	Abate a third of rent if not fixed 7 days after notice	N.M. Stat. Ann. §§ 47-8-27.2, 47-8-27.1, 47-8-20, 47-8-33
New York	Deposit rent with the court clerk to stay the case	N.Y. RPAPL § 755
Ohio	Written notice, then deposit rent with the court clerk	Ohio Rev. Code §§ 5321.07, 5321.08, 5321.09
Pennsylvania	Rent into approved escrow once a city certifies unfit	35 P.S. § 1700-1
South Dakota	Bank-account escrow if repairs exceed one month’s rent	SDCL §§ 43-32-9, 43-32-8
Vermont	Withhold rent after notice if repairs are not made	9 V.S.A. § 4458
Virginia	Pay rent into court escrow after written notice	Va. Code § 55.1-1244
Washington	Escrow rent after notice and a government inspection	RCW 59.18.115; RCW 59.18.070

Can a tenant withhold rent for repairs?

Rent withholding, state by state

The answer in full, for the biggest rental markets