How to get your landlord to make repairs

In almost every state, a landlord must keep a rental home safe and livable and make the repairs needed to keep it that way. Getting those repairs done starts with a written request. This guide explains your options using the facts in our 51 state guides, and ends with a free repair request letter.

What the landlord must fix

The duty usually covers heat, hot and cold water, plumbing, electricity, a weathertight roof and walls, working locks, smoke detectors and freedom from pests. For example:

• California: The landlord must keep the unit fit to live in (implied warranty of habitability), including weatherproofing, plumbing, hot and cold water, heat, electrical, clean and pest-free premises, trash containers, working locks and smoke detectors.
• New York: Every lease includes a warranty of habitability: your home and common areas must be fit to live in and free of conditions dangerous to life, health or safety (unless you caused them).

In Idaho, Illinois, Kentucky, Missouri and Pennsylvania, our data shows no single statewide habitability statute; court decisions, local housing codes and your lease set the landlord's duties.

Damage you or your guests caused is usually yours to pay for.

Ask in writing

Tell the landlord about the problem in a dated letter or email, keep a copy and take photos. Many state remedies only start after written notice and a waiting period. Examples:

• Alabama: Give the landlord a written notice describing the problem and saying the lease will end on a date at least 14 days after the landlord receives it if the problem is not fixed.
• Texas: Give notice to the person or place where you pay rent.
• Florida: Give written notice to the landlord (or manager or rent collector) describing the problem and what you intend to do (end the lease or withhold rent).

Repair and deduct

In some states you may pay for a repair yourself and take the cost out of the rent, after notice and within strict limits. Our data shows it allowed with conditions in 24 states, only in limited cases (for example essential services) in 7, and not allowed or with no statute in 20.

• California: Yes. For serious health-and-safety defects you did not cause, after telling the landlord and waiting a reasonable time (usually 30 days, shorter in an emergency), you may pay for the repair and deduct it from rent.
• Oregon: Allowed for minor defects costing up to $300 (such as leaky plumbing, a stopped toilet or a faulty switch; not mold, radon, asbestos or lead paint).

Follow your state’s steps exactly: keep receipts, stay under the dollar limit and give the notice the rule requires.

Withholding rent

Stopping rent payments is the riskiest step: if you get it wrong, the landlord can file for eviction. In our data, withholding is allowed with conditions in 7 states, only in limited ways (often through a court rent escrow) in 6, and not allowed on your own in 33. Talk to legal aid first, and if you withhold, keep the money set aside.

Protection against retaliation

Most states forbid a landlord from raising your rent, cutting services or starting an eviction because you asked for repairs or complained to an inspector. For example:

• California: The landlord may not evict you, raise rent or cut services because you complained about conditions (to the landlord or a government agency), used repair-and-deduct, asked for an inspection, filed a lawsuit, or organized with other tenants.
• New York: The landlord may not evict you, refuse to renew, or offer a new lease with an unreasonable rent increase because you made a good-faith complaint (to the landlord or a government agency), enforced your rights, or joined a tenant organization.

Step by step

1. Photograph the problem and write down when it started.
2. Send the repair letter below and keep proof of delivery.
3. Let the landlord in to make the repair, with the notice your state requires (see the landlord entry notice table).
4. If nothing happens, contact your local housing or code inspector and legal aid, and read your state page before using repair and deduct or withholding.