How to Withhold Rent

Tenants withhold rent as a last-ditch effort to force landlords to make legally required repairs. This often means depositing the rent with a court rather than just refusing to write a check.

Difficulty: Moderately Challenging

Instructions

Things You'll Need:

• Film
• Cameras

1. Read up on state law and statutes and learn the specific terms, conditions and requirements that govern rent withholding. This includes what notice you must give the landlord, where the rent must go and which landlord violations justify rent withholding.

2. Inform the landlord in writing via certified or "return receipt" mail what the problem is and that you plan to withhold rent unless the problem is addressed. Include a copy of the law or statute that governs rent withholding in your state. Retain a copy of the letter and the law for your records.

3. Wait for a reply. If no reply comes, send a second certified letter imposing a repair deadline.

4. Visit your local or county courthouse and file the necessary papers to legally withhold rent from the landlord.

5. Deposit the rent in an escrow account maintained by the court or a neutral third party (such as a mediating service). Even if your state doesn't require this, it makes your case look better if the money is out of your hands.

Tips & Warnings

• Maintain copies of all photographs (of your rental and areas to be repaired) and correspondence between you and your landlord.
• Many towns and cities have supplemental tenants' rights laws, so check with your city or county government for legal information as well.
• Don't withhold rent unless you are absolutely certain that your landlord's transgression justifies doing so under your state's laws and statutes. Otherwise, you could be evicted immediately.