Last Updated on March 4, 2025 by Kelvin Nielsen
When it comes to repairs, both parties to the lease automatically obtain certain rights and obligations.
As a tenant, one of the rights you automatically obtain is the right to live in a habitable home that meets the state’s basic health, safety, and building codes. Your landlord must continue maintaining those responsibilities after you have begun living on the property.
Read More: Can a Tenant Withhold Rent for Repairs? [All 50 US States]
And if they fail to maintain those habitability standards even after you have properly notified them, you may obtain certain legal rights. One of these rights can be withholding rent until the landlord fulfils their end of the bargain.
Different states have different laws in this regard, though! As such, be sure to check on your state and local laws before withholding rent for repairs. This is because it would be a gross violation of the lease to withhold rent for repairs if rent withholding doesn’t apply in your state.
Read More: How Long Does A Landlord Have To Make Repairs? [All 50 US States]
With that in mind, here’s everything to know when it comes to renter’s rights for repairs and whether rent withholding is legal for your state.
Renters’ Rights for Repairs [All 50 US States]
| State | Renters’ Rights for Repairs | Can a tenant withhold rent for repairs? | Code |
| Alabama | In Alabama, landlords must make repairs within 14 days after getting written notice from tenants. | Alabama tenants aren’t allowed to withhold rent. | Alabama Code Title 35 Chapter 9A |
| Alaska | Landlords have 10 days to make necessary repairs after getting a written request. | No, tenants are not allowed to withhold rent, although a landlord’s action may, on a case by case basis, create defenses for the tenant which will excuse partial nonpayment of rent. | Alaska Stat. § 34.03.160(a) (2021) |
| Arizona | Landlords have 10 days to make repairs after receiving a written notice and 5 days when the issue affects health and safety. | No, renters are not allowed to withhold rent except for partial withholding under the repair and deduct remedy. However, a tenant who withholds rent for a good-faith reason can’t be punished for it. | Ariz. Rev. Stat. § 33-1361(A) (2022) |
| Arkansas | Landlords have 30 days to make repairs after getting a written request, counted from when they received the notice via certified mail. | No, renters are allowed to withhold rent even when the landlord fails to make legally required repairs. | Ark. Code Ann. § 18-17-502(d)(1) &(d)(2)(A) (2022) |
| California | Landlords have 30 days by default to make repairs after getting an issue. If the landlord or renter wants a different period of time to apply, there has to be a documentable good reason. | Yes, renters can withhold rent when a landlord’s actions affect basic habitability. However, rent money is still owed when its withheld even if it is not being paid directly to the landlord. | Cal. Civ. Code § 1942 (2021) |
| Colorado | Landlords must begin repairs within 24 hours after getting a written or electronic request. This gets extended to 96 hours when the tenant gives permission to enter for repairs in the initial request and the issue doesn’t materially impact health and safety. | No, tenants are not allowed to withhold the entire periodic rent without court order. However, if a landlord fails to make timely repairs, a tenant can follow a specific procedure to repair and deduct the cost from the withheld portion of the periodic rent. | Colo. Rev. Stat. § 38-12-503(2) (2022) |
| Connecticut | Landlords have 15 days to make repairs after getting written notice about an issue. | No, tenants cannot withhold rent unilaterally. They can start a court action to pay rent into a supervised escrow account if they think the landlord is violating his legal responsibilities. However, even if the landlord is violating the lease, the tenant still has a duty to make rent payments. | Conn. Gen. Stat. § 47a-12(a) (2021) |
| Delaware | Landlords have 15 days to make repairs after notice. In the first month of occupancy, however, the tenant can end the lease anytime the landlord fails to repair, even with a promised time frame under 15 days. | Tenants may withhold up to two-thirds of the proportionate daily rent, when the landlord doesn’t remedy his failure to supply agreed utilities. While it’s technically not considered rent withholding, a tenant who’s repairing and deducting can also hold back half of the monthly rent, depending on the situation. | Del. Code Ann. § 5306(a) & (b) (2022) |
| Florida | Landlords have 7 days to make repairs after getting a written request. However, a landlord who doesn’t respond immediately to an emergency situation may be liable for extra cost that the renter suffers as a result. | No, tenants are not allowed to withhold rent. Rent withholding is legal in Florida, but only in commercial leases under very specific conditions. | Fla. Stat. § 83.56(1) (2022) |
| Georgia | Landlords have a reasonable time to complete repairs after getting a written request from the tenant. What’s reasonable depends on all circumstances related to the issue, and gets determined case by case. | No, tenants are not allowed to withhold rent. They can deduct a reasonable portion of rent when doing repairs themselves, but stopping rent payments altogether is grounds for eviction. | Ellis v. Hartford Run Apartments, LLC, 335 Ga. App. 118, 121(Ga. Ct. App. 2015) |
| Hawaii | Landlords typically have 12 business days to make needed repairs after getting a written request. This is reduced to one week for substantial issues and 3 business days for issues that relate essential utilities or major appliances. | No, tenants cannot unilaterally withhold rent. Some rent deductions are allowed for particular repairs, and in some cases a tenant can request to pay rent into a court approved fund rather than to the landlord, but stopping rent payment is entirely never allowed for any reason. | Haw. Rev. Stat. § 521-64(c) (2022) |
| Idaho | Landlords have 3 days to make repairs after getting a written request from the tenant that describes the issue. | No, tenants cannot withhold rent. In a situation where the landlord fails to repair a severe issue that prevents the intended use of premises, the tenant can only stop rent payments after claiming constructive eviction and moving out of the lease. | Id. Code. § 6-320(a) (2022) |
| Illinois | Landlords have 14 days to make repairs after getting a written request through a registered or certified mail, although a shorter time period may be reasonable for emergencies. | No, tenants are never permitted to withhold rent payments. In some rare cases, the tenant may be able to withhold a percentage of the rent, but without getting a signed rent settlement from the landlord, this usually risks eviction. | 765 ILCS 742/5 (2022) |
| Indiana | Landlords have a reasonable time to complete repairs after the notice. What’s reasonable is determined case by case; for example, courts have held that 2 weeks to repair a water heater, and one week for a burst pipe, were unreasonable waits. | No, tenants are not allowed to withhold rent payments. As long as the tenant is occupying the rental property, rent abatement is strictly an issue for the courts to decide. | Id. Code § 32-31-8-6(d) & (e) (2022) |
| Iowa | Iowa landlords have seven days to make repairs after getting a written request, unless there’s a provable reason that remedying the issue isn’t possible within that period of time. | No, tenants cannot withhold rent payments. Instead they are allowed to recover overpayment of rent through a court action. | Ia. Code § 562a.21(1) (2022) |
| Kansas | Landlords have 14 days to begin good-faith repairs after getting a written request. | Tenants can pay rent into a special receiver account through a court action, or recover overpayment of rent, but they aren’t allowed to unilaterally withhold rent. | Kan. Stat. Ann. § 58-2559(a) (1) (2021) |
| Kentucky | Landlords have 14 days to perform repairs after getting a tenants request. | No, a tenant cannot withhold rent. They are allowed to repair and deduct part of the rent, or recover overpayment of rent through a court action, but they aren’t allowed to preemptively withhold the entire rent. | Kentucky’s Uniform Residential Landlord-Tenant Act (URLTA) |
| Louisiana | Landlords should get a reasonable time to make repairs after getting a written request from the tenant. What’s reasonable gets decided based on the totality of circumstances, case by case. | No, a tenant is not allowed to withhold rent.They are allowed to repair and deduct but not withhold rent entirely or even deduct a percentage from it. | La. Civ. Code § 2688 (2022) |
| Maine | Landlords have a reasonable amount of time to make repairs after getting proper notice from the tenant. What’s reasonable will depend on the totality of circumstances, but the law expects prompt action from the landlord. | No, tenants are not allowed to withhold rent. For certain lesser repairs, tenants can deduct a portion of the rent, but withholding the rent entirely is not permitted. | Maine Rev. Stat. § 6021(3) (2022) |
| Maryland | Landlords have a reasonable time to make repairs after getting proper notice. What’s reasonable depends on the specifics of the situation but the law presumes that over 30 days is an unreasonable amount of time to wait for repairs. | Yes, tenants can withhold rent if the landlord hasn’t done repairs within a reasonable time after notice. The tenant can raise failure to repair as a defence, if the landlord sues. However, filling a rent escrow action is a legally safer way to withhold than simply waiting for a lawsuit | Md. Real Prop. Code. § 8-211(g) & (h) (2022) |
| Massachusetts | Landlords have a reasonable time to make repairs after receiving a written notice from the tenant or a citation from the government. What’s reasonable is determined based on circumstances, case by case, but repairs should be substantially finished within 14 days. | Yes, a tenant can withhold rent when a landlord fails to make timely repairs. Deducting the entire amount of rent is not allowed. The tenant still has to pay fair value for the premises, reduced in proportion to how severely the issues affect the rental property. | Mass. Gen. Laws Chap. 186 § 19 (2022) |
| Michigan | Landlords have a reasonable time to make repairs after getting a proper notice from the renter. What’s reasonable gets decided case by case, based on all the circumstances. | Yes, tenants can legally withhold rent, but only under specific conditions. A court order can authorize a tenant to withhold rent.Alternatively, when government officials have withdrawn a property’s certificate of occupancy, the tenant can withhold without a court order by following a statutory procedure. | Mich. Comp. L. § 554.139(1) & (2) (2022) |
| Minnesota | Landlords have 14 days to make repairs after getting a written notice, except for code violations where the renter can show good reason for a shorter period of time. | Yes, tenants can withhold rent as part of a court approved rent escrow action. For severe habitability issues, a tenant can also claim constructive eviction, which involves moving out and suspending rent payments. Constructive evictions don’t require a court action. | Minn. Stat. § 504B.385(c) (2022) |
| Mississippi | Landlords must make repairs within 14 days of getting a written notice from the tenant. | No, tenants are not allowed to unilaterally withhold rent. To receive a legal excuse from paying the rent, a tenant must have a court order. | Miss. Code Ann. § 89-8-13(3)(a) & (3)(b) (2022) |
| Missouri | Landlords have to make repairs within a reasonable time after notice. To avoid the renter repairing and deducting the cost from rent, this means repairs must in most cases be complete within 14 days. | Renters can withhold rent when a landlord doesn’t do required repairs after a reasonable notice. Although not an absolute requirement, to withhold rent the tenant must use what’s called rent escrow by applying to pay the rent into a special court-supervised account instead of the landlord. | Mo. Rev. Stat. § 441.234(2) (2022) |
| Montana | Landlords have 14 days to make repairs after getting proper written notice about an issue from the renter. This is shortened to 3 business days in a case of an emergency. | No, tenants are not allowed to unilaterally withhold rent. To receive a legal excuse from paying the rent, a tenant must have a court order. | Mont. Code Ann. § 70-24-406(1)(a) (2022) |
| Nebraska | Landlords have 14 days to make repairs after getting a proper notice from the tenant. However, a landlord who deliberately fails to deal with an issue relating to essential utilities may be liable for costs of damage to the tenant. | No, tenants are generally not allowed to withhold rent. To receive a legal excuse from paying the rent, a tenant must usually have a court order. However, a tenant can temporarily suspend rent if the landlord deprives the tenant of essential utilities. | Neb. Rev. Stat. § 76-1425(1) (2022) |
| Nevada | Landlords have 14 days to put forth their best possible effort to make repairs, after getting proper written notice about an issue from the tenant. | Yes, tenants can withhold rent, but not unilaterally. They must pay withheld rent into a court approved escrow account. Otherwise, the landlord can evict for nonpayment of rent. | Nev. Rev. Stat. § 118A.355(1) (2022) |
| New Hampshire | Landlords have 14 days to make repairs after getting a proper written notice about an issue from the tenant. | No, tenants are not allowed to unilaterally withhold rent. To receive a legal excuse from paying rent, a tenant must have a court order. | N.H. Rev. Stat. Ann. § 540:13-d(I) (2022) |
| New Jersey | Landlords have “adequate” time under the circumstances to make repairs after getting a certified repair request. | No, tenants are not allowed to withhold rent, although it is common for courts to grant tenants a partial withholding (called an abatement) | Tower Management Corp. V. Podesta, 226 N.J Supper. 300, 304 (App. Div. 1988) |
| New Mexico | Landlords have 7 days to reasonably attempt repairs after getting proper written notice about an issue from the tenant. | Yes, renters can withhold rent seven days after written notice when the landlord has not reasonably attempted repairs. Withholding rent prevents the tenants from canceling the lease for the same violation. | N.M Stat. Ann. § 47-8-27.1(A) (1) (2022) |
| New York | Landlords get a reasonable time after notice to make repairs. Emergencies must be fixed immediately. For non-emergencies, in many cases, repairs must be completed within 30 days. | Yes,tenants can withhold rent proportionate to how much the landlord’s violation affects the ordinary use of the property.While tenants can withhold unilaterally, its risky to withhold without court authorization since failure to pay the rent is the most powerful basis a landlord can use for eviction. | N.Y. Real Prop. Law (“RPL”) § 235-B (2022 |
| North Carolina | Landlords have a reasonable time to make repairs after getting notice about an issue from the tenant. What’s reasonable is judged by all applicable circumstances. | No, tenants are not allowed to unilaterally withhold rent. The tenant must have a court order to withhold payments. Getting back a portion of rent paid by using the landlord, is the primary remedy for tenants when the landlord doesn’t do timely repairs. | N.C. Gen Stat. § 42-42(a)(8) (2022) |
| North Dakota | Landlords have a reasonable time to make repairs after getting notice about an issue from the tenant. What’s reasonable is determined case by case, looking at all applicable circumstances. Courts will not consider it reasonable to take months to repair an issue. | Yes, tenants are allowed to withhold rent, but judicially discouraged from doing so. Courts will usually not agree that a tenant is legally withholding rent if the tenant does not have a court order authorizing this remedy. | N.D. Cent. Code § 47-16-13.1(2) (2021) |
| Ohio | Landlords have a reasonable time to make repairs after getting a proper notice from the tenant. What’s reasonable depends on the particular circumstances, but the law clearly states 30 days is the maximum and that the landlord will usually have to do repairs sooner than that. | No, tenants are not allowed to withhold rent. To receive a legal excuse from paying the rent, a tenant must have a court order. | Oh. Rev. Code § 5321.07(A) (2022) |
| Oklahoma | Landlords have 14 days to make repairs after getting proper notice from the renter except for emergencies. | No, renters are not allowed to unilaterally withhold rent without a court order. There’s an exception if the landlord deliberately or negligently cuts off essential services and utilities. | 41 Okla. Stat. § 121(A) (2020) |
| Oregon | Landlords have 30 days to make most repairs after getting a proper notice about an issue from the renter. For essential services like heating and electricity, this time it’s reduced to 7 days. | Yes, renters can sometimes withhold rent. If the landlord fails to provide essential services like heating and electricity, the tenant can withhold rent after a written notice as appropriate to pay for the services out of pocket up to the total amount of rent. | Or. Rev. Stat. § 90.360(1)(a) (2023) |
| Pennsylvania | Landlords must make repairs within a reasonable time after getting notice about an issue. What’s reasonable is decided case by case; bigger issues get more time to address, emergencies less etc. Courts consider what an ordinary person acting in good faith would do. | Yes, tenants can withhold rent if the landlord doesn’t make needed repairs within a reasonable amount of time after notice. Withholding rent still means rent owed. Once the landlord makes repairs, the tenant has to pay all the rent that’s been withheld. | Pennsylvania Office of Attorney General, Consumer Guide to Landlord and Tenant Rights, § IV.C. (June 2022) |
| Rhode Island | Landlords have 30 days to make repairs after getting a proper notice from the tenant about an issue. | A tenant can only withhold rent if the landlord deliberately or carelessly creates issues with heat, utilities, or other essential services. If this happens, the tenant can notify the landlord of the issue, stop rent payments, and move temporarily into substitute housing. | R.I.Gen. Laws § 34-18-28(a) (2022) |
| South Carolina | Landlords have 14 days to make repairs after getting proper notice about an issue from the tenant. However, if the issue isn’t related to health and safety and the landlord begins and continues in good faith repairs within 14 days of notice, the tenant isn’t allowed to cancel the lease. | No, tenants are not allowed to unilaterally withhold rent. To receive a legal excuse from paying rent, a tenant must receive a court’s approval. | S.C. Code Ann. § 27-40-610(a) (2022) |
| South Dakota | Landlords have a reasonable time to make repairs after getting a proper notice about an issue from the renter. If landlords and renters agree on a specific time frame for repairs, courts will usually consider that binding agreement on what’s reasonable under the circumstances. | Yes, tenants can withhold rent if the landlord doesn’t make required repairs within a reasonable time after notice. If the amount is more than a month’s rent, the tenant has to give the landlord written notice, and keep the withheld amount in a special account for that purpose. | S.D. Laws § 43-42-9 (2023) |
| Tennessee | Landlords have 14 days to make repairs after receiving proper written notice about an issue from the tenant. | No, tenants can’t unilaterally withhold rent. They must have permission from a government agency in order to divert rent payments. | Tenn. Dep’t of Health, Healthy Homes – Renters |
| Texas | Landlords usually have 7 days after a proper notice. When using a service with delivery confirmation, one request is a proper notice. Otherwise proper notice requires a second written request made 7 days after the first. | No, tenants are prohibited by law from unilaterally withholding rent but by following proper procedures, a tenant can legally deduct rent for certain needed repairs after landlord nonpayment and allowed deductions might sometimes equal the full rent. | Tex. Prop. Code § 92.056(b) & (d) (2021) |
| Utah | The landlord must repair issues within 1-10 days of getting written notice from the tenant about the needed repairs, depending on the type of issue. | Renters can stop rent payments if the landlord does not begin substantial repairs within the legally required time after proper written notice. | Utah Code Ann. § 57-22-6(2) (2023) |
| Vermont | Landlords have a reasonable amount of time to make repairs after getting proper written notice about an issue from the tenant. What’s reasonable is case by case and depends on the circumstances, but in general it can’t be more than 30 days. | Yes, tenants can withhold rent until repairs are complete, when the landlord hasn’t made repairs within a reasonable time after the legally required notice. | 9 Vt. Stat. Ann. § 4458(a) (2023) |
| Virginia | Landlords have 21 days to make most repairs after getting proper notice from the tenant. When there is a fire hazard or serious threat to health and safety, landlords have 14 days to do the repairs after a written notice, or else the renter can repair and deduct. | No, tenants are not allowed to unilaterally withhold rent. A court may order a tenant to pay into a court escrow account rather than directly to the landlord, but tenants aren’t allowed to suspend rent payments. | Va. Code Ann. § 55.1-1234 (2023) |
| Washington | Landlords must begin repairs within 1-10 days of getting written notice from the tenant about needed repairs, depending on the specific issue. | No, renters are not allowed to unilaterally withhold rent. To receive a legal excuse from paying the rent, a tenant must get permission to do so through a court process or an appointed arbitrator. | Rev. Code. Wa. § 59.18.070 (2022) |
| West Virginia | Landlords have a reasonable amount of time under the specific circumstances to make repairs after getting notice about an issue. | No, a tenant is not allowed to withhold rent. To receive a legal excuse from paying any part of the rent, a tenant must have a court order. | W.Va. Code § 37-6-30(a)(1) – (a)(4) (2022) |
| Wisconsin | Landlords have to make needed repairs “promptly” after getting written notice. The law requires completed repairs, not just attempted repairs, and prompt action after notice, not just reasonably timely action. | Yes, tenants can withhold a proportionate percentage of rent when rental property’s use is reduced by the landlord’s failure to repair. This can only be 100% of the rent when the tenant is moving out until repairs are completed. | Wis. Stat. § 704.21(2) (2022) |
| Wyoming | Landlords have reasonable time to make repairs after initial notice in writing from the tenant about the issue. When the tenant sends a properly executed notice, the landlord must complete repairs within 3 days, or else the tenant can file suit. | No, tenants cannot withhold rent. In fact, if the tenant isn’t currently on rent for any reason, the landlord isn’t legally required to make repairs. | WY. Stat. § 1-21-1202(d) (2022) |
Conclusion
There you have it – a breakdown of each state’s renters’ rights regarding rent withholding. Before withholding rent for repairs, however, make sure that you have fulfilled your end of the bargain.
That is, maintained the unit and made repairs as per the terms of the lease, reported the issue to the landlord within reasonable time, and gave the landlord proper notice before exercising the right to withhold rent.
Disclosure: The content herein isn’t a substitute for advice from a professional attorney. It’s only meant to serve educational purposes. If you have a specific question, kindly seek expert attorney services.
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Hi, I’m Kelvin Nielsen, an experienced landlord and accomplished real estate lawyer. My focus is on answering your questions about renting in the hopes of making your life as a renter or a landlord a bit easier.