As a landlord, you automatically obtain certain responsibilities after establishing a lease with a tenant. And among these responsibilities is ensuring you provide the tenant with a property that meets the state’s basic health, safety, and building codes.
If you fail in that responsibility, the tenant may be able to exercise certain legal rights. Including, withholding rent until you have fixed the repair or maintenance issue.
That said, different states have different laws regarding landlord repair responsibilities and what a tenant can do in case of noncompliance by the landlord.
In some states, such as California and Maryland, tenants can withhold rent. However, in other states, like Alabama and North Carolina, that would be a gross violation of the lease’s terms. And that would be a legal ground to begin eviction proceedings against the tenant.
With that in mind, here’s a breakdown of state laws regarding whether a tenant can withhold rent for repairs.
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.
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.
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.
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.
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.
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.
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
No, tenants are not allowed to withhold rent, although it is common for courts to grant tenants a partial withholding (called an abatement)
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 – state laws on whether a tenant can legally withhold rent for repairs. Regardless, though, make sure to respond to tenant maintenance requests to avoid potential legal issues with the tenant.
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.
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.
We use cookies to ensure that we give you the best experience on our website. If you continue to use this site we will assume that you are happy with it.OkPrivacy policy
