Withholding Rent

If there is a serious problem in a unit, the renter can withhold rent. Before withholding rent, the renter should notify the owner, in writing, of the needed repairs and give the owner an opportunity to make repairs. If the landlord does not make repairs, the tenant should notify local inspectors, as described above, and get a written copy of the inspector's report. If repairs are still not made, the tenant should notify the landlord, in writing, that all or part of the rent will be withheld until repairs are made. Withholding rent is a drastic step that should only be taken if the tenant has a strong case against the landlord. It is very likely that the landlord will sue to get the rent or begin eviction proceedings against the renter. If the court agrees with the renter, it has a number of options it can pursue against the owner, including reducing the rent. If the tenant loses, he or she can be made to pay all of the rent withheld and court costs. In some cases, the renter may have to pay the landlord's attorney fees to avoid being evicted, but only if the lease allows this.