Can Tenant withhold rent for repairs that Landlord has not made?
Full Question:
Answer:
Yes. Generally, you have to provide your landlord with a notice indicating:
what repairs are needed;
that you plan to withhold part of your rent;
the amount of your rent you plan on withholding; and
that you are allowing the landlord 14 days to fix the repairs before you withhold rent.
You should give your landlord the notice at least 14 days before your rent is due. If the problem is not fixed after 14 days, you may then deduct part of the rent for each day after the 14-day deadline until the problem is fixed.
No matter how bad the problem is, you should not deduct 100% of your rent if you are still able to live in the apartment. It is best to deduct a conservative amount from your rent. If you withhold an excessive amount, you may run the risk of being evicted. In most jurisdictions, the law leaves it up to you to decide what is the reduced value of the apartment. You can do this by deciding how much of the apartment cannot be used because of the problem. Remember that your landlord can sue you for the rent you withheld, and a court will then decide if the amount you withheld was reasonable.