Rent Withholding
What Is Rent Withholding?
Rent withholding is a legal term for when a tenant refuses to pay some or all of their rent to protest a landlord’s illegal behavior, such as providing inhabitable living conditions.
Since state laws vary, a tenant considering this step must follow their local regulations for when this type of response is allowed. Otherwise, their actions may lead to an eviction notice rather than the resolution of their problem.
When Can You Withhold Rent?
In 1979, the New York Court of Appeals case Park West Management Corp. v. Mitchell established what is called the implied “warranty of habitability” that exists in landlord-tenant law.
The landmark case upheld a tenant’s 10 percent reduction in rent because the landlord did not maintain the residential premises in habitable condition. Subsequent cases in New York found that a tenant has the legal right to withhold rent to protest unhabitable conditions in their dwelling.
States vary on the particulars of what conditions make rent withholding legal. However, under general circumstances, withheld rent is permitted, of all or part of the rent, if the following conditions are met:
- Defective conditions exist in the residence
- These conditions affect or endanger the health, safety, or well-being of any resident of the home.
- The landlord knows about these conditions.
- The conditions were not caused by the tenant, a guest, or anyone in the household.
- The landlord can make repairs without you having to move out permanently.
Many tenants feel that this form of protest gives them a position of strength when negotiating for their landlord to make repairs. The tactic can be especially powerful when a group of tenants joins together to withhold their rent.
Issues that rent withholding allows tenants to negotiate can include:
- The start and end date for repairs
- How much rent will be withheld while repairs are being done
- The amount –if any– of withheld rent you will pay upon completion of repairs
After the repairs are completed, the tenant must resume full rent payments. Some lawyers recommend that tenants in a rent withholding case should set their rent money aside in a separate bank account. That way, if the landlord takes you to court as part of the eviction process, you can prove you were not withholding rent because of an inability to pay.
Also, having the rent money set aside gives you the peace of mind that you have the money to pay the rent if the court rules that you should.
How to Prepare for Rent Withholding
The first step is to inform your landlord in writing of the unhabitable living conditions. Keep copies of all communication regarding the matter.
Also, document the conditions with photographs. Ideally, these photos or videos should have a date and time stamp.
What Are the Rent-Withholding State Laws?
Rent withholding is not a common law right. While most states allow some form of the practice, it is up to the tenant to comply with the rules and statutes of their state.
In states that do not permit rent withholding, there may be other options, such as “repair-and-deduct.” This practice means fixing the problem yourself and deducting the cost of the repair from your rent.
This table shows the state laws regarding rent withholding:
Helpful Resources:
MassLegalHelp - Options If Your Landlord Refuses to Make Repairs
What Is Rent Withholding?
Rent withholding is a legal term for when a tenant refuses to pay some or all of their rent to protest a landlord’s illegal behavior, such as providing inhabitable living conditions.
Since state laws vary, a tenant considering this step must follow their local regulations for when this type of response is allowed. Otherwise, their actions may lead to an eviction notice rather than the resolution of their problem.
When Can You Withhold Rent?
In 1979, the New York Court of Appeals case Park West Management Corp. v. Mitchell established what is called the implied “warranty of habitability” that exists in landlord-tenant law.
The landmark case upheld a tenant’s 10 percent reduction in rent because the landlord did not maintain the residential premises in habitable condition. Subsequent cases in New York found that a tenant has the legal right to withhold rent to protest unhabitable conditions in their dwelling.
States vary on the particulars of what conditions make rent withholding legal. However, under general circumstances, withheld rent is permitted, of all or part of the rent, if the following conditions are met:
- Defective conditions exist in the residence
- These conditions affect or endanger the health, safety, or well-being of any resident of the home.
- The landlord knows about these conditions.
- The conditions were not caused by the tenant, a guest, or anyone in the household.
- The landlord can make repairs without you having to move out permanently.
Many tenants feel that this form of protest gives them a position of strength when negotiating for their landlord to make repairs. The tactic can be especially powerful when a group of tenants joins together to withhold their rent.
Issues that rent withholding allows tenants to negotiate can include:
- The start and end date for repairs
- How much rent will be withheld while repairs are being done
- The amount –if any– of withheld rent you will pay upon completion of repairs
After the repairs are completed, the tenant must resume full rent payments. Some lawyers recommend that tenants in a rent withholding case should set their rent money aside in a separate bank account. That way, if the landlord takes you to court as part of the eviction process, you can prove you were not withholding rent because of an inability to pay.
Also, having the rent money set aside gives you the peace of mind that you have the money to pay the rent if the court rules that you should.
How to Prepare for Rent Withholding
The first step is to inform your landlord in writing of the unhabitable living conditions. Keep copies of all communication regarding the matter.
Also, document the conditions with photographs. Ideally, these photos or videos should have a date and time stamp.
What Are the Rent-Withholding State Laws?
Rent withholding is not a common law right. While most states allow some form of the practice, it is up to the tenant to comply with the rules and statutes of their state.
In states that do not permit rent withholding, there may be other options, such as “repair-and-deduct.” This practice means fixing the problem yourself and deducting the cost of the repair from your rent.
This table shows the state laws regarding rent withholding:
Helpful Resources:
MassLegalHelp - Options If Your Landlord Refuses to Make Repairs