How to Write a Letter to Withhold Rent from a Landlord

If you have some repairs that need made on your rental property, but your landlord is unwilling to either make the repairs him/herself or call in the necessary specialists to make the repairs then you may be thinking it’s time to get the repairs done yourself. Before you shell out the money yourself, write a letter to withhold rent from your landlord until the repairs are made.

Difficulty: Moderate

Instructions

1. Deposit a partial amount of rent into an escrow account. This should not be the full amount of rent but should be between 1/4 and 1/2 of the rent.

2. Prepare to write your letter to withhold rent from a landlord using a word processor program. It is very important that you do not e-mail this document, but mail it to a physical address.

3. Right align your text. Put your own name and address here.

4. Double space and left align the text. Your landlord’s name and address should go on this line.

5. Double space again and place the date.

6. You should open your letter by stating what property you live at. This is important if there is ever litigation over the rent or repairs and also for landlords that own multiple properties. Example:
   
   Repairs are needed at the following property: (address).

7. State when you first brought the needed repairs to the landlord’s attention. The date the letter outlining repairs needed was sent is ideal here. Example:
   
   A letter dated (date) was sent to bring to your attention some necessary repairs that need done on the property.

8. Make it clear your rental agreement says the landlord is responsible for necessary repairs on the property, as almost all rental agreements say this. Example:
   
   My rental agreement with you makes you legally responsible for any repairs necessary on the property (state section of the lease agreement; not necessary, but good to write). I have allowed a reasonable amount of time for you to make these repairs or call in someone to make the repairs, but no action has been taken.

9. State how much you are withholding and that you are placing it into an escrow account. Example:
   
   I have withheld $(amount) from my rent payment for (month rent was due) and have deposited this money into an escrow account.

10. Make sure you say you are willing and able to pay the rent and will do so when the necessary repairs are made. Example:
    
    I am capable of and willing to pay the rent. As soon as the repairs requested have been made I will release the escrowed amount to you.

11. State where you can be contacted by phone.

12. Print the letter.

13. Sign the bottom of the letter Sincerely and your name.

14. Place the date underneath your signature. The date on the letter to withhold rent from a landlord is very important for if any litigation is needed over the rent or repairs.

15. Send the letter to withhold rent via registered mail. Always keep proof and copies of letters to a landlord.

Tips & Warnings

• Consult county and state laws to make sure this is the proper procedure in your area.
• Consult a rental attorney if you have any doubts or confusion.

Resources

• Defense against eviction when withholding rent

[kittycooks]

on 9/12/2009 Excellent advice that would be sure to get noticed when a landlord is not following through. I like the escrow and the calm, businesslike format.

[Elizabethknows]

on 8/29/2009 awesome info this is a need sometimes thanks:)