State Laws on When Tenants Can Withhold Rent or Repair and Deduct

Tenants in every state have the right to safe and livable housing. To protect these rights, laws in most states give tenants specific options if the landlord fails to provide essential services or repair major problems, such as a leaking roof. These options include allowing tenants to withhold the rent or to repair the problem and deduct the cost of doing so from the rent (this is called "repair and deduct"). States typically specify which options are available to a tenant whose landlord fails to address major habitability problems, such as lack of heat in winter in a cold-weather state, and the circumstances under which the tenant may use a particular option. For example, states that allow rent withholding typically allow tenants to do so only if the landlord has done nothing after a certain number of days have passed after being notified by the tenant.

In addition to rent withholding and repair and deduct, tenants should be aware of other options if a landlord won't make major repairs, such as moving out, calling in local health inspectors, or even suing the landlord.

Read your state statute for the specific rules in your state. The citation is provided here, and you can visit the Library of Congress's legal research site for links to state statutes. If you want to research local housing law, a useful online resource is MuniCode.com, which has collected a lot of city and county codes that can be browsed online. Just choose your state and look for your local area.

State Laws on Rent Withholding and Repair and Deduct

Alabama

Statute or case on rent withholding: Ala. Code § 35-9A-164

Statute or case on repair and deduct: Ala. Code § 35-9A-164

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Alaska

Statute or case on rent withholding: Alaska Stat. §§ 34.03.100, 34.03(a)(3), 34.03.190

Statute or case on repair and deduct: Alaska Stat. §§ 34.03.100, 34.03.180

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Arizona

Statute or case on rent withholding: Ariz. Rev. Stat. §§ 33-1364, 33-1365

Statute or case on repair and deduct: Ariz. Rev. Stat. §§ 33-1363, 33-1364

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Arkansas

Statute or case on rent withholding: Ark. Code § 18-17-502 prohibits tenants from withholding or offsetting rent for alleged violations of state habitability law.

Statute or case on repair and deduct: No statute.

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California

Statute or case on rent withholding: Cal. Civ. Proc. Code § 1174.2; Green v. Sup. Ct., 10 Cal.3d 616 (1974)

Statute or case on repair and deduct: Cal. Civ. Code § 1942

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Colorado

Statute or case on rent withholding: Colo. Rev. Stat. § 38-12-507

Statute or case on repair and deduct: Colo. Rev. Stat. § 38-12-507

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Connecticut

Statute or case on rent withholding: Conn. Gen. Stat. §§ 47a-13 to 47a-14h

Statute or case on repair and deduct: Conn. Gen. Stat. § 47a-13

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Delaware

Statute or case on rent withholding: Del. Code tit. 25, § 5308

Statute or case on repair and deduct: Del. Code tit. 25, §§ 5307, 5308

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District of Columbia

Statute or case on rent withholding: D.C. Mun. Regs. § 14-4303; Javins v. First Nat'l Realty Corp., 428 F.2d 1071 (D.C. Cir. 1970)

Statute or case on repair and deduct: No statute

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Florida

Statute or case on rent withholding: Fla. Stat. § 83.60

Statute or case on repair and deduct: Fla. Stat. § 83.60

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Georgia

Statute or case on rent withholding: No statute

Statute or case on repair and deduct: Not addressed by statute, but Georgia courts recognize a tenant's right to this remedy. See Georgia Landlord Tenant Handbook, 2021, Georgia Dep't of Community Affairs; and see Abrams v. Joel, 134 S.E.2d 480 (1963).

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Hawaii

Statute or case on rent withholding: Haw. Rev. Stat. § 521-78

Statute or case on repair and deduct: Haw. Rev. Stat. § 521-64

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Idaho

Statute or case on rent withholding: No statute

Statute or case on repair and deduct: No statute on repair and deduct generally, but if a landlord won't make repairs, tenant must provide landlord with a written notice with a list of violations. Landlord then has three days to fix; failure to repair allows the tenant to sue the landlord to force compliance. (Idaho Code § 6-320.) Repair and deduct is available specifically (and only) for failure to install and/or maintain smoke detectors. (Idaho Code § 6-320(a)(6).)

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Illinois

Statute or case on rent withholding: 765 Ill. Comp. Stat. §§ 735/2, 735/2.2 (applies only when a court has appointed a receiver to collect rents, following landlord's failure to pay for utilities)

Statute or case on repair and deduct: 765 Ill. Comp. Stat. § 742/5

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Indiana

Statute or case on rent withholding: No statute

Statute or case on repair and deduct: No statute on repair and deduct, but once tenant gives landlord notice of landlord's need to repair, landlord has reasonable amount of time to remedy. If landlord doesn't remedy, tenant can sue for enforcement and might obtain actual and consequential damages, as well as attorneys' fees and court costs. (Ind. Code § 32-31-8-6.)

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Iowa

Statute or case on rent withholding: Iowa Code § 562A.24

Statute or case on repair and deduct: Iowa Code § 562A.23

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Kansas

Statute or case on rent withholding: Kan. Stat. § 58-2561

Statute or case on repair and deduct: No statute

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Kentucky

Statute or case on rent withholding: Ky. Rev. Stat. § 383.645

Statute or case on repair and deduct: Ky. Rev. Stat. §§ 383.635, 383.640

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Louisiana

Statute or case on rent withholding: No statute

Statute or case on repair and deduct: La. Civ. Code art. 2694

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Maine

Statute or case on rent withholding: Me. Rev. Stat. tit. 14, § 6021

Statute or case on repair and deduct: Me. Rev. Stat. tit. 14, § 6026

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Maryland

Statute or case on rent withholding: Md. Code Real Prop., §§ 8-211, 8-211.1

Statute or case on repair and deduct: No statute

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Massachusetts

Statute or case on rent withholding: Mass. Gen. Laws ch. 239, § 8A; ch. 111 § 127F

Statute or case on repair and deduct: Mass. Gen. Laws ch. 111, § 127L

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Michigan

Statute or case on rent withholding: Mich. Comp. Laws § 125.530

Statute or case on repair and deduct: Rome v. Walker, 196 N.W.2d 850 (1972); Mich. Comp. Laws § 554.139

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Minnesota

Statute or case on rent withholding: Minn. Stat. §§ 504B.215(3)(d), 504B.385

Statute or case on repair and deduct: Minn. Stat. § 504B.425

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Mississippi

Statute or case on rent withholding: No statute

Statute or case on repair and deduct: Miss. Code § 89-8-15

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Missouri

Statute or case on rent withholding: Mo. Stat. §§ 441.570, 441.580; Kohner Properties, Inc. v. Johnson, 553 S.W.3d 280 (Mo. Sup. Ct. 2018)

Statute or case on repair and deduct: Mo. Stat. § 441.234

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Montana

Statute or case on rent withholding: Mont. Code § 70-24-421

Statute or case on repair and deduct: Mont. Code §§ 70-24-406 to 70-24-408

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Nebraska

Statute or case on rent withholding: Neb. Rev. Stat. § 76-1428

Statute or case on repair and deduct: Neb. Rev. Stat. § 76-1427

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Nevada

Statute or case on rent withholding: Nev. Rev. Stat. § 118A.490

Statute or case on repair and deduct: Nev. Rev. Stat. §§ 118A.360, 118A.380

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New Hampshire

Statute or case on rent withholding: N.H. Rev. Stat. § 540:13-d

Statute or case on repair and deduct: No statute

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New Jersey

Statute or case on rent withholding: Berzito v. Gambino, 63 N.J. 460 (1973)

Statute or case on repair and deduct: Marini v. Ireland, 265 A.2d 526 (1970)

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New Mexico

Statute or case on rent withholding: N.M. Stat. § 47-8-27.2

Statute or case on repair and deduct: No statute

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New York

Statute or case on rent withholding: N.Y. Real Prop. Law § 235-b; N.Y. Mult. Dwell. Law § 302-a (applies to all cities with populations of 400,000 or more); N.Y. Mult. Res. Law § 305-a (applies to cities with populations of less than 500,000 and all towns and villages); Semans Family Ltd. P'ship v. Kennedy, 675 N.Y.S.2d 489 (N.Y. City Civ. Ct., 1998). As with many areas of law in New York, it's important to check your local laws and procedures. Specifically, the laws in NYC and the counties of Nassau, Suffolk, Rockland, and Westchester often differ from state law.

Statute or case on repair and deduct: For emergency repairs (such as a broken door lock) only: N.Y. Real Prop. Law § 235-b; Jangla Realty Co. v. Gravagna, 447 N.Y.S. 2d 338 (Civ. Ct., Queens County, 1981). As with many areas of law in New York, it's important to check your local laws and procedures. Specifically, the laws in NYC and the counties of Nassau, Suffolk, Rockland, and Westchester often differ from state law.

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North Carolina

Statute or case on rent withholding: No statute, but tenants can sue in small claims court, asking a judge to order repairs, to reduce rent while repairs are being made, and for a retroactive rent abatement for the time during which repairs were not made. See "Landlords' Maintenance and Repair Duties: Your Rights as a Residential Tenant in North Carolina," a publication from the NC Attorney General.

Statute or case on repair and deduct: No statute, but tenants can repair the problem and sue in small claims court for reimbursement.

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North Dakota

Statute or case on rent withholding: No statute

Statute or case on repair and deduct: N.D. Cent. Code §§ 47-16-13, 47-16-13.1

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Ohio

Statute or case on rent withholding: Ohio Rev. Code § 5321.07 (doesn't apply to student tenants or when landlord owns 3 or fewer rental units, as long as landlord has given written notice to tenant)

Statute or case on repair and deduct: No statute

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Oklahoma

Statute or case on rent withholding: Okla. Stat. tit. 41, § 121

Statute or case on repair and deduct: Okla. Stat. tit. 41, § 121

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Oregon

Statute or case on rent withholding: Or. Rev. Stat. § 90.365

Statute or case on repair and deduct: Or. Rev. Stat. § 90.365

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Pennsylvania

Statute or case on rent withholding: 68 Pa. Cons. Stat. § 250.206; 35 Pa. Cons. Stat. § 1700-1

Statute or case on repair and deduct: Pugh v. Holmes, 405 A.2d 897 (1979)

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Rhode Island

Statute or case on rent withholding: R.I. Gen. Laws § 34-18-32

Statute or case on repair and deduct: R.I. Gen. Laws §§ 34-18-30 to 34-18-31

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South Carolina

Statute or case on rent withholding: S.C. Code § 27-40-640

Statute or case on repair and deduct: S.C. Code § 27-40-630

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South Dakota

Statute or case on rent withholding: S.D. Codified Laws § 43-32-9

Statute or case on repair and deduct: S.D. Codified Laws § 43-32-9

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Tennessee

Statute or case on rent withholding: Tenn. Code § 68-111-104

Statute or case on repair and deduct: Tenn. Code § 66-28-502

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Texas

Statute or case on rent withholding: No statute

Statute or case on repair and deduct: Tex. Prop. Code §§ 92.056, 92.0561

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Utah

Statute or case on rent withholding: No statute

Statute or case on repair and deduct: Utah Code § 57-22-6

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Vermont

Statute or case on rent withholding: Vt. Stat. tit. 9, § 4458

Statute or case on repair and deduct: Vt. Stat. tit. 9, § 4459

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Virginia

Statute or case on rent withholding: Va. Code § 55.1-1244

Statute or case on repair and deduct: Va. Code § 55.1-1244.1

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Washington

Statute or case on rent withholding: Wash. Rev. Code §§ 59.18.060, 59.18.110, 59.18.115

Statute or case on repair and deduct: Wash. Rev. Code §§ 59.18.060, 59.18.100, 59.18.110

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West Virginia

Statute or case on rent withholding: Teller v. McCoy, 253 S.E.2d 114 (W.Va. 1978)

Statute or case on repair and deduct: Teller v. McCoy, 253 S.E.2d 114 (W.Va. 1978)

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Wisconsin

Statute or case on rent withholding: Wis. Stat. § 704.07(4)

Statute or case on repair and deduct: No statute

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Wyoming

Statute or case on rent withholding: Wyo. Stat. § 1-21-1206

Statute or case on repair and deduct: No statute

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Updated: April 11, 2024