What to Do If Your Landlord Won't Make Repairs

Updated October 13, 2026 · 2 min read · 3 sources

Short answer

Put the repair request in writing, keep a copy, and give a reasonable deadline. If the landlord does not act, contact local building or health code enforcement for an inspection. Depending on your state, you may be able to repair and deduct the cost, pay rent into escrow with the court, withhold rent under strict rules, end the lease, or sue for damages. Do not stop paying rent without following your state's procedure.

Most states require landlords to keep rentals habitable, but tenants must usually follow specific steps to enforce that right.

What landlords must fix

Under the implied warranty of habitability in most states, landlords must maintain essential services and safety (Cornell LII), such as:

  • Heat and hot water
  • Working plumbing and electricity
  • Structural safety, roofs and stairs
  • Pest infestations not caused by the tenant
  • Mold or water leaks
  • Locks and security required by local law
  • Smoke detectors

Cosmetic issues usually do not qualify.

Step 1: Written request

Describe the problem, when it started, and ask for repair by a reasonable date. Email or certified mail creates proof. Include photos.

Step 2: Code enforcement

Call your city or county building, housing or health department. An inspector can document violations and order repairs, and the report is strong evidence later.

Step 3: Tenant remedies, depending on your state

Remedy How it works
Repair and deduct Pay for the repair and deduct it from rent, within limits and after notice, in states that allow it (Cornell LII)
Rent escrow Pay rent to the court or an escrow account until repairs are made
Rent withholding Withhold rent until repairs are made, only where allowed and following strict steps
Rent reduction Ask a court to reduce rent for the period of the defect
Lease termination Move out if the unit is uninhabitable; see breaking a lease
Lawsuit Sue for damages, including in small claims court

Using the wrong remedy, or withholding without following procedures, can lead to eviction for nonpayment.

Protection from retaliation

Many states prohibit landlords from evicting, raising rent or reducing services because you requested repairs or contacted code enforcement (Cornell LII). See what a landlord cannot do.

Keep records

Save every message, photo, inspection report and receipt, and note how the problem affected you.

Emergency conditions

For no heat in winter, gas leaks, sewage backups or other dangers, contact the landlord immediately and local authorities if it is not fixed quickly.

A real estate lawyer or tenant legal aid office can explain which remedies your state allows.

Sources

  1. Cornell Law School LII: Warranty of habitability
  2. Cornell Law School LII: Repair and deduct
  3. Cornell Law School LII: Retaliatory eviction

Find real estate lawyers near you

Buying or selling a home, closing on a property, or dealing with a landlord-tenant or title dispute? Compare local real estate attorneys by Google rating, reviews and office hours below.

Real Estate Lawyers by state

AKMEVTNHWAIDMTNDMNILWIMINYNew YorkRIMAORNVWYSDIAINOHPANJCTCAUTCONEMOKYWVVAMDDEAZNMKSARTNNCSCDCOKLAMSALGAHITXTexasFL

Tap your state to see listings by city.

This article is general legal information, not legal advice, and reading it does not create an attorney-client relationship. Laws differ by state and change over time; talk to a licensed attorney in your state about your situation.

Related questions