What to Do If Your Landlord Won't Make Repairs
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
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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.