Can Renters Stop Paying Rent If The Landlord Doesn't Fix Things?

What You Need to Know as a Renter

When you rent a place, your landlord has to make sure it's fit to live in. This means they must keep it clean, safe, and working right according to the laws of where you live. This includes taking care of major things like plumbing, heating, and the structure of the home. If pests are a problem, they usually have to deal with that, too.

If a major event like a flood or storm damages your place, your landlord isn't always immediately responsible for fixing it. Sometimes, special agencies like FEMA step in to help, or local laws might give you some relief with rent or give you somewhere else to stay.

It's your job as a renter to keep your home tidy, throw out your trash, and let your landlord know if something needs fixing.
 

When You Can Withhold Rent

In every state in the U.S., there are rules that say a rental home has to be suitable to live in. If it isn't and your landlord won't fix it, in some cases, you may have the right to not pay rent until it's sorted out. Here's how it works in a couple of states:
 

• California: If you tell your landlord about a problem, they should fix it in 30 days or less. If it's a really big problem, they should act faster. If they don't, you could hold back your rent, pay for the repairs yourself and take it out of the rent, or decide to move out.
• New York: Here, you can withhold your rent or ask the court to lower your rent or make the landlord do the work. If they don't fix critical issues, you may be able to take them to court.

Other states like Texas and Florida have more rules about when you can stop paying rent, so it's important for landlords and renters to know the rules where they are.
 

How to Withhold Rent the Right Way

If you're having trouble with your landlord not fixing things, here are the steps you should take:
 

• Let your landlord know in writing: Tell them what's wrong and what needs fixing with a letter or email.
• Give them time: Depending on the problem, wait a day or so for emergencies or up to a month for less urgent fixes.
• Keep tabs on your communication: Save your emails, texts, or note the times of your calls.
• Keep the rent safe: If you're going to withhold rent, put it in a special bank account (called an escrow account) instead of spending it. You might still need to pay it later, after the repairs are done.
• Consider filing a complaint: If the landlord still doesn't do their job, you could report them to your local housing authority.

Remember, if your rental is too damaged to be safe or livable, the law might say your lease is broken and you don't have to keep renting or pay rent. But this depends on your rental agreement.

So that's what you should know about rent payments and landlord repairs! Always check your own state's laws for the specifics.

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