Withholding your rent puts you at risk of your landlord filing an eviction lawsuit against you and therefore should be used as a last resort. Prior to withholding rent, notify your landlord in writing, documenting the communication. Keep records of emails, texts, and copies of letters sent. It is crucial to set aside the withheld rent, paying the landlord once the repair is completed.
motenanthelpLast updated 06/22/2023
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Use rent withholding as a last resort
Withholding your rent puts you at risk of your landlord filing an eviction lawsuit against you and therefore should be used as a last resort.
Before withholding rent
Before you withhold your rent, you must notify your landlord in writing that you intend to do so. You can provide this written notice by email, text, or by letter sent by regular mail and certified mail. Be sure to write the date and your landlord’s name and full address in the upper left-hand corner of the letter. Keep all emails and texts, as well as photocopies of all letters you send. If you can’t make a photocopy take a photo with your cell phone.
Set money aside until the landlord makes the repair
If you withhold your rent, it is very important that you set that money aside and not spend it. If possible, deposit the money into a bank account. Once your landlord makes the repair, you should pay the landlord all of the rent that you withheld.