As a tenant, you have the right to safe and decent housing. That is in fact one of the benefits of renting versus owning: that it is the landlord’s responsibility to provide a safe place to live and one that is functional. It is the landlord’s responsibility to maintain the rental unit in good condition.

If you are experiencing issues in your rental unit and the property is in a state of disrepair that makes a portion of the rental or all of it uninhabitable, you should request that the landlord fix the issues. It is best to communicate in writing and keep a copy of the communication for yourself. (This will be useful if your case ever goes before a judge.)  When asking that the landlord make repairs, it is helpful to also let the landlord know your schedule, and when you would be available to receive workers in the unit.

If your landlord refuses to respond or make the repairs, the next step is to consider contacting your local housing inspector’ office to have the property evaluation for any code violations. If there are violations, the landlord will be notified and possibly fined if the repairs are not completed within a certain timeframe.

When you communicate your complaints to your landlord, you should also mention that if the repairs are not addressed, then you are planning on withholding rent payments.

Withholding the rent might motivate your landlord to complete the repairs. Another possibility is that it prompts your landlord to initiate an eviction case for nonpayment of rent.

When you withhold your rent due to habitability issues, it is important to set that rent money aside, in a separate account, and not spend it. When you go to court on the nonpayment of rent case, you can raise a habitability defense to nonpayment. The court will schedule a habitability trial for your case, but only if the withheld rent is paid into court for court to hold in escrow until your case is resolved.

Some tenants who experience habitability issues or a property that is in disrepair with an unresponsive landlord would rather move out than pursue a habitability defense to nonpayment of rent. Tenants should only withhold rent and raise habitability issues if they want to stay in the property and continue their tenancy. Tenants who prefer to move out might be better off looking for a new rental as opposed to tying their money up in court. Keep in mind that if you withhold rent and subsequently move out, the landlord might pursue a civil action against you for a money judgment for the back rent owed where lack of habitability may be a full or partial defense.

Before your case gets to the point where you have withheld rent and raise a habitability defense to nonpayment, make sure the issues at the property are serious code violations or otherwise unsafe, because courts will not entertain complaints about minor or cosmetic issues that don’t actually interfere with one’s ability to live in the property.