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Q.If a landlord refuses to make repairs can't the tenant just withhold the rent?
A.Although a tenant may opt to avail him or herself of the "rent withholding" remedy, it is the most risky option. By law, a tenant is allowed to withhold (stop paying) some or all of the rent if the landlord does not, after reasonable written notice, fix serious defects that violate the implied warranty of habitability. However, to legally use the rent withholding remedy, the tenant must be able to prove not only that the needed repairs were of such a serious nature that a portion of the rental unit was basically and completely unlivable with few if any working amenities, but also that the percentage of rent withheld was appropriate under the circumstances.
Before withholding rent, we strongly suggest you contact a legal aid organization, a landlord-tenant attorney, and/or a housing program or authority in your local jurisdiction to help determine if rent withholding is the appropriate remedy for your particular circumstances, and if so what percentage of the rent should be withheld.
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