Sample Letter to Landlord: You Intend to Withhold the Rent

If your landlord has failed to keep your rental unit livable, you might be able to stop paying rent until the repairs are made. A tenant's right to withhold rent—and the specific procedures they must follow to do so—vary from state to state.

What Does It Mean to Withhold Rent?

Depending on the law where you live, the term "withholding" might be a bit inaccurate. It doesn't mean that you can simply not pay rent when your landlord is doing something wrong or isn't making repairs. In reality, it might be more complicated: You might not have to pay the rent to the landlord, but you will have to pay it into escrow with a court, a neutral third party, or a local housing agency until the dispute is resolved.

In other states, if you don't pay rent because of a landlord's bad behavior, you might still be evicted. Your "right" to withhold rent can only be used as a defense to an eviction lawsuit. For most people who live in states where the right to withhold can be used only as a defense, rent withholding is a tactic that should be used only in extreme circumstances after consulting with an attorney. Otherwise, it's probably not worth the risk and stress of being put through an eviction lawsuit.

How Do I Withhold Rent?

You should withhold rent only if you live in a state that allows it. If your state doesn't allow it, you'll have to use another tactic, such as repairing the problem yourself and then deducting the cost of repairs from your rent ("repair-and-deduct") or bringing a lawsuit against your landlord.

If your state allows rent withholding, you'll need to follow closely the law's procedures for how to withhold the rent. As mentioned above, your state might require you to pay rent to a neutral third-party until the dispute is resolved.

In most states, before withholding rent, tenants must give landlords written notice of the problem and of their intent to withhold rent. It's best to send your notice by U.S. Mail, certified, return receipt requested—and don't forget to make a copy of the letter. That way, you have proof of sending and receipt of the notice if you end up needing it in an eviction lawsuit.

We include here a sample letter that cites California law; if you are not a California tenant, consult your state rent withholding law before writing a similar letter to your landlord.

Sample Letter Telling the Landlord You Intend to Withhold Rent

Additional Resources

For details on tenant rights to rent withholding and other options if a landlord fails to provide habitable premises, see Every Tenant's Legal Guide or (if you're renting in California) California Tenants' Rights.