Nearly every state requires a landlord to keep a rental fit to live in: safe structure, working plumbing and heat, hot water, and no serious hazards. That duty, often called the warranty of habitability, comes from statutes, housing codes and court decisions. What varies is the remedy a tenant can use when the landlord ignores a repair request.
Two remedies matter most. Repair and deduct lets a tenant fix the problem and subtract the cost from the rent, usually after written notice and a waiting period, and often only up to a dollar limit. Our data confirms a statute allowing it in 27 jurisdictions. Rent withholding or escrow lets a tenant hold back rent, or pay it to a court or escrow account, until repairs are made; 26 jurisdictions allow some form of it by statute. Both remedies come with strict steps, and using them wrongly can lead to an eviction for nonpayment.
The table shows whether each remedy is available and the statute behind it. Where no statute applies, courts may still recognize a remedy, as the notes show for a few states. Always start with a dated, written repair request.
Key patterns across the states
27 of 51 jurisdictions allow repair and deduct by statute.
26 jurisdictions allow rent withholding or payment into escrow or court for repairs.
15 jurisdictions allow both remedies, and 10 confirmed neither by statute.
Not yet verified, so left out of these counts: repair and deduct: 5; withholding or escrow: 7.
Repair and habitability remedies in all 50 states and D.C.
No statute The state handbook describes repair-and-deduct after written notice (not for common areas) but cites no statute authorizing it; landlords may dispute necessity or cost.
No statute No statute. Kansas tenant remedies are termination after notice (30 days, 14 to cure), damages and injunction; there is no repair-and-deduct provision.
No statute No statute, but New Jersey courts allow tenants to repair defects in vital facilities and deduct the cost after notice and a reasonable time (Marini v. Ireland, 56 N.J. 130 (1970)).
No statute No statute, but New Jersey courts allow tenants to withhold all or part of the rent for defects in vital facilities (Berzito v. Gambino, 63 N.J. 460 (1973)). A landlord may still sue for nonpayment.
No statute No general repair-and-deduct statute. The AG guide says tenants may, in extenuating circumstances, make necessary repairs and deduct reasonable costs (e.g. a broken door lock the landlord willfully ignores).
No statute No statute. The PA Supreme Court's implied warranty of habitability (Pugh v. Holmes, 1979) recognizes repair-and-deduct and rent withholding as common-law remedies.
We checked every rule on this page against the statute itself in November 2026, reading each state’s own code site or an official state guide such as an attorney general’s tenant handbook. A cell shows a rule only when we confirmed it against one of those primary sources. Where we could not confirm a rule, the cell says “Not yet verified” and links the statute so you can read it yourself. Simplified table entries leave out exceptions, so read the linked statute before you rely on a number.
Laws change. Legislatures amend these sections often, and cities and counties can add their own rules on top of state law. Confirm the current text of the statute, or ask a local legal aid office, before you act on a deadline.
Frequently Asked Questions
What repairs is a landlord required to make?
Repairs needed to keep the unit safe and livable, such as heat, water, plumbing, electrical systems and structural problems, plus anything the local housing code requires. See the warranty of habitability explained.
Can I withhold rent if my landlord won't make repairs?
Only where state law allows it and only by following its steps exactly. 26 jurisdictions have a statute for withholding or escrow. Withholding without that authority can lead to eviction for nonpayment.
How does repair and deduct work?
In the 27 jurisdictions that allow it, the tenant usually gives written notice, waits the period the statute sets, has the work done at a reasonable cost, and deducts it with receipts. Most statutes cap the amount.
How should I ask my landlord for repairs?
In writing, with a date, a clear description, photos and a reasonable deadline. Our repair request letter generator builds one for you.
Can my landlord evict me for asking for repairs?
Retaliation for a repair request or a code complaint is illegal in most states. See landlord retaliation.
This page is general information, not legal advice. For advice about your situation, talk to a licensed attorney or a local legal aid office. See our disclaimer.
We use cookies to run this site, measure how it’s used, and show ads. Choose “Essentials only” to limit cookies to what the site needs to work. Privacy Policy.