What can I do if my landlord won't make repairs?
You have more options than you think. Start by documenting everything and sending written repair requests. If your landlord ignores you, most states let you repair-and-deduct from rent, withhold rent until repairs are made, file a complaint with code enforcement, or terminate your lease — depending on the severity.
The worst thing you can do is nothing. Unrepaired problems get worse, and silence makes it harder to prove your landlord knew about the issue. Here's the playbook, in order:
Step 1: Put it in writing. Even if you've told your landlord verbally, send an email or certified letter describing the problem, when it started, and asking for a specific repair within a reasonable timeframe (14-30 days for non-emergencies, immediately for emergencies like no heat or a gas leak). Keep copies of everything.
Step 2: Follow up. If the first request is ignored, send a second written notice referencing the first one and your state's habitability law. This creates a paper trail showing the landlord knew and chose not to act.
Step 3: Contact code enforcement. Your city or county has a housing inspector who can inspect the unit, document violations, and order your landlord to make repairs. This is free and creates official government records of the problem.
Step 4: Use your legal remedies. Depending on your state, you can: - Repair-and-deduct: Hire someone to fix it yourself and subtract the cost from your rent. Most states cap this at one month's rent. - Withhold rent: Stop paying rent until the landlord makes repairs. You generally need to put the rent in escrow, not just stop paying. - Terminate the lease: If the problem makes the unit uninhabitable, you may be able to move out without penalty. - Sue for rent abatement: Ask a court to reduce your rent for the period the unit was in disrepair.
Step 5: If all else fails, consult a tenant rights organization or attorney. Many offer free consultations, and in some cases you can recover attorney's fees from your landlord.
How This Works State by State
The rules vary depending on where you live. Here's how the biggest states handle it.
Under Cal. Civ. Code § 1942, California tenants can repair-and-deduct up to one month's rent (twice per year) when landlords fail to make repairs after reasonable notice.
Under Tex. Prop. Code § 92.0561, Texas tenants can repair-and-deduct, terminate, or sue when landlords fail to repair health/safety issues within 7 days of written notice.
Under N.Y. Real Prop. Law § 235-b, New York tenants can withhold rent and bring HP proceedings in Housing Court to compel repairs, with rent abatement and civil penalties available.
Under Fla. Stat. § 83.56(1), Florida tenants can withhold rent or terminate the lease if landlords fail to repair health/safety issues within 7 days of written notice.
Under Chicago RLTO § 5-12-110, tenants can repair-and-deduct up to $500 or half a month's rent after giving 14 days' written notice for repairs.
| State | Rule | Statute |
|---|---|---|
| California | California gives tenants robust remedies: repair-and-deduct (up to one month's rent, twice per 12 months), rent withholding after written notice, and the right to call local code enforcement. Landlords who retaliate face penalties under § 1942.5. | Cal. Civ. Code § 1942; Cal. Civ. Code § 1942.5 |
| Texas | Texas requires tenants to give written notice and wait a reasonable time (7 days for most issues). If the landlord fails to repair conditions affecting health or safety, tenants can repair-and-deduct, terminate the lease, or file suit for damages and attorney's fees. | Tex. Prop. Code § 92.0561 |
| New York | New York tenants can call 311 to report housing violations in NYC, withhold rent for habitability violations, or bring an HP proceeding in Housing Court to force repairs. The court can order rent abatement and civil penalties. | N.Y. Real Prop. Law § 235-b; NYC Housing Maintenance Code |
| Florida | Florida requires 7 days' written notice for repairs affecting health or safety. If the landlord doesn't act, tenants can withhold rent or terminate the lease. For non-critical repairs, tenants should contact local code enforcement. | Fla. Stat. § 83.56(1) |
| Illinois | Illinois tenants can repair-and-deduct, withhold rent, or terminate the lease for habitability violations. Chicago's RLTO allows repair-and-deduct up to $500 or half a month's rent and provides a 14-day notice period. | 765 ILCS 735/2; Chicago RLTO § 5-12-110 |
●Frequently Asked Questions
Frequently Asked Questions
What can I do if my landlord won't make repairs?
You have more options than you think. Start by documenting everything and sending written repair requests. If your landlord ignores you, most states let you repair-and-deduct from rent, withhold rent until repairs are made, file a complaint with code enforcement, or terminate your lease — depending on the severity.
Can my landlord charge me for carpet replacement?
Your landlord can only charge you for carpet damage beyond normal wear and tear. Worn paths, minor stains from regular use, and fading are normal wear — not your responsibility. Large burns, pet damage, or deep stains from negligence are deductible.
Can my landlord charge me for painting after I move out?
Generally no — repainting between tenants is considered routine maintenance, not tenant damage. Landlords can only charge you for painting if you caused damage beyond normal wear, like crayon drawings, smoke staining, or unauthorized bold paint colors.
Can my landlord charge me for nail holes in the walls?
Small nail holes from hanging pictures are generally considered normal wear and tear and are not valid deductions. Large holes from anchors, bolts, or multiple clustered holes may be deductible as damage.
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DepositHawk is not a law firm and does not provide legal advice. Information and documents are for informational purposes only. No attorney-client relationship is created. Consult a licensed attorney for advice specific to your situation.