Leif Adamec Rydenfalk
Your landlord won't fix it
No heat, a leak that keeps coming back, mold, a door that doesn't lock. You told them, maybe three times, and nothing happens. In almost every US state the law says a rented home has to be fit to live in, and it gives you tools once you've told the landlord in writing.
The order matters: the wrong first move, like simply stopping rent, can get you evicted even when you're right. This is what I'd do, in order. I'm not a lawyer, and if you'd rather not deal with it, send it to me.
Step one: put it in writing
Calls and texts to the super often don't count. Almost every remedy below starts on the day the landlord got written notice.
- Describe the problem plainly. What is broken, where, since when, and how it affects living there ("no heat in the bedroom since 2 November, 12°C at night").
- Ask for the repair by a date. 14 days for most things, 24 to 72 hours for heat, water, gas or a lock in winter.
- Send it so you can prove it. Certified mail with return receipt, plus email the same day. Read your lease for the notice address.
- Keep a file. Dated photos and video, the thermometer reading, every message, doctor's notes if mold is making someone sick. Keep paying rent on time while this runs.
What your state lets you do next
| California | After reasonable notice (30 days is presumed reasonable, less for emergencies), you can repair it yourself and deduct up to one month's rent, at most twice in 12 months (Civil Code 1941.1, 1942). Raising the issue is protected: a rent hike or eviction notice within 180 days is presumed retaliation (1942.5). |
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| New York | Every lease includes a warranty of habitability (Real Property Law 235-b). You can ask Housing Court for a repair order and a rent reduction; in NYC that's an HP action, and you can also call 311 for an HPD inspection. Retaliation is barred (RPL 223-b). |
| Texas | The landlord must repair conditions that materially affect health or safety once you give notice and are current on rent (Property Code 92.052). If they don't act in a reasonable time after notice, you can repair and deduct, end the lease, or go to justice court (92.056, 92.0561). Retaliation is barred (92.331). |
| Florida | The landlord must keep the place up to code and keep heat, water and locks working (Statutes 83.51). Give 7 days' written notice naming the problem; if it isn't fixed you may withhold rent or end the lease (83.60). If you're sued, pay the withheld rent into the court registry or you lose the defense. |
| Illinois (Chicago) | The city's Residential Landlord Tenant Ordinance allows repair and deduct (up to $500 or half a month's rent) after 14 days' written notice, and a rent reduction while the problem lasts. |
Other state: search "[your state] warranty of habitability" and "[your state] repair and deduct". The two numbers you're looking for are how many days' notice and how much you can deduct.
Call the inspector
City or county code enforcement inspects for free, and their written violation report is the strongest proof you can have. Landlords who ignore tenants usually answer an inspector, because the city can fine them. Search "[your city] code enforcement" or "housing inspection", or call 311 where it exists.
Don't just stop paying
Withholding rent without following your state's exact steps is the most common way tenants lose. The landlord files for non-payment, and the repair problem becomes a side note. Use the notice, the inspector and your state's remedy first. Where withholding is allowed, set the money aside so you can show you had it.
Or hand it to me
Send me what's broken, your state and city, and what you've already told the landlord. I write the notice for your state, tell you the next step and its deadline, and stay on it until it's fixed. You get a fixed price before I start.
