Blog Post: Can Tenants Withhold Rent for Repairs?
Posted: July 28, 2025
Can Tenants Withhold Rent for Repairs?

Living with leaks, mold, or no heat? You might not have to pay rent — legally. Here’s when withholding is allowed.

If your rental is unsafe or uninhabitable, you might feel tempted to stop paying rent until it’s fixed. But can you legally withhold rent?

Let’s break down the tenant repair and rent withholding laws that protect you — or get you evicted.

Landlords must keep rentals “habitable,” meaning:

  • Running water, plumbing, electricity
  • Heat and structural safety
  • Free from infestations or toxic mold

If they fail to fix these, tenants may gain legal rights to withhold rent.

In most states, you must:

  • Give written notice of the issue
  • Allow reasonable time for repairs
  • Possibly place rent in an escrow account

Skipping rent without notice can backfire.

Besides withholding, you might:

  • “Repair and deduct” (pay for repairs and subtract cost from rent)
  • File a complaint with housing authorities
  • Terminate the lease early in severe cases

Laws vary by state — some protect you more than others.

Don’t:

  • Stop paying rent without legal backup
  • Ignore court summons
  • Damage the unit yourself

Doing it wrong may get you evicted or sued.

You deserve safe housing. If your landlord won’t fix essential problems, Vikk AI can help you understand your tenant rights and connect with legal aid.