Tenant Repair Laws by State
Landlords of residential property are generally expected to keep a rental fit to live in, with working heat, plumbing, water and electricity and a structure that is safe. When a landlord does not fix a serious problem, state law decides what the tenant may do about it. Some remedies let the tenant act without going to court, while others require a court order or a deposit of rent with a court.
48 states compared. Last checked .
At a glance
- Repair and deduct
- 31 of 37
- States and DC where the answer is yes or yes in some cases.
- Rent withholding
- 26 of 32
- States and DC where the answer is yes or yes in some cases.
- Landlord repair deadline: range
- 3 days to 30 days
- Across the 34 jurisdictions with a single statewide figure.
Compare tenant repair laws
This guide compares three points for each state: whether a tenant may pay for a repair and subtract the cost from rent (repair and deduct), whether a tenant may withhold rent or pay it into escrow until repairs are made, and how long the landlord has to fix the problem after notice. Each state entry links to the statute it is based on.
48 of 48 shown
| Sources | ||||
|---|---|---|---|---|
| ALAlabama | No | No | 14 days after written notice | |
| AKAlaska | Essential services only | Only as a court defense | 10 days after written notice | |
| AZArizona | Yes, up to $300 or half a month's rent | Only as a court defense | 10 days after written notice | |
| ARArkansas | No | No | 30 days after written notice | |
| CACalifornia | Yes, up to one month's rent | Rent not owed if cited and unfixed for 35 days | Reasonable time (30 days presumed) | |
| COColorado | Yes, with notice and estimate | Rent paid into court | 24 to 96 hours to start repairs | |
| CTConnecticut | Essential services only | Rent paid into court | 15 days after written notice | |
| DEDelaware | Yes, up to $400 or half a month's rent | Partial, for essential services | 30 days after written notice | |
| FLFlorida | No | Yes, after 7 days' written notice | 7 days after written notice | |
| HIHawaii | Yes, up to $1,000 or one month's rent | Rent paid into court | 12 business days to start repairs | |
| IDIdaho | No, smoke detectors only | No | 3 days after written notice | |
| ILIllinois | Yes, up to $500 or half a month's rent | Not listed | 14 days after written notice | |
| INIndiana | No | No | Reasonable time after notice | |
| IAIowa | Essential services only | Only as a court defense | 7 days after written notice | |
| KSKansas | No | Only as a court defense | 14 days after written notice to start a fix | |
| KYKentucky | Only where URLTA adopted locally | Not listed | 14 days after written notice | |
| LALouisiana | Yes | Not listed | Reasonable time after demand | |
| MEMaine | Yes, up to $500 or half a month's rent | Not listed | 14 days after certified mail notice | |
| MDMaryland | Not listed | Court rent escrow | Reasonable time (over 30 days presumed unreasonable) | |
| MAMassachusetts | Yes, up to 4 months' rent a year | Only as a court defense | 5 days to start, 14 days to finish | |
| MIMichigan | Not listed | Only as a court defense | Not listed | |
| MNMinnesota | Only by court order | Court rent escrow | 14 days after written notice | |
| MSMississippi | Yes, up to one month's rent | Not listed | 30 days after written notice | |
| MOMissouri | Yes, up to $300 or half a month's rent | Not listed | 14 days after written notice | |
| MTMontana | Yes, up to one month's rent | Not listed | Reasonable time (14 days to avoid termination) | |
| NENebraska | Essential services only | Not listed | 14 days after written notice | |
| NVNevada | Yes, up to $100 or one month's rent | Court escrow as an eviction defense | 14 days after written notice | |
| NHNew Hampshire | Not listed | Only as a court defense, rent paid into court | 14 days after written notice | |
| NJNew Jersey | Not listed | Rent paid into court | Not listed | |
| NMNew Mexico | Not listed | Yes, one third rent abatement | 7 days after written notice | |
| NYNew York | Not listed | Court stay, rent paid into court | Not listed | |
| NCNorth Carolina | Not listed | No, not before a court ruling | Reasonable time based on severity | |
| NDNorth Dakota | Yes | Not listed | Reasonable time | |
| OHOhio | Not listed | Rent paid into court | Reasonable time, at most 30 days | |
| OKOklahoma | Yes, up to one month's rent | Not listed | 14 days after written notice | |
| OROregon | Yes, up to $300 (minor defects) | Not listed | At least 7 days after written notice | |
| PAPennsylvania | Not listed | Escrow if certified unfit | Not listed | |
| RIRhode Island | Yes, under $500 per year | Not listed | 20 days after written notice | |
| SCSouth Carolina | Essential services only | Not listed | 14 days after written notice | |
| SDSouth Dakota | Yes | Escrow if repairs exceed one month's rent | Reasonable time | |
| TNTennessee | Essential services only | Not listed | 14 days after written notice | |
| TXTexas | Yes, up to one month's rent or $500 | No | Reasonable time (7 days presumed) | |
| UTUtah | Yes, up to 2 months' rent | Not listed | 3 days after written notice (habitability) | |
| VTVermont | Yes, up to half a month's rent | Yes | Reasonable time (30 days for minor defects) | |
| VAVirginia | Yes, up to one month's rent or $1,500 | Court rent escrow | 14 days after written notice | |
| WAWashington | Yes, up to 2 months' rent | Escrow if conditions certified | 24 hours to 10 days to start repairs | |
| WIWisconsin | Not listed | Partial abatement only | Promptly | |
| WYWyoming | Not listed | Not listed | Reasonable time |
District of Columbia, Georgia and West Virginia are not listed because we could not confirm the current rule from the statute text.
General information, not legal advice. Laws change, and cities can add their own rules, so check the current statute before you rely on it.
What this means in practice
Give notice in writing and keep a copy. Tenant repair remedies usually start running only after the landlord has received notice of the problem, and a dated letter or email is the easiest way to prove when that happened.
Document the condition before and after. Photos, videos, inspection reports from a local code office and receipts for any repair work help show that the problem was serious and that any amount deducted or withheld matches the actual cost.
Stay current on everything else. Repair remedies generally protect only tenants who are not otherwise behind on rent and who did not cause the damage, and using a remedy the state does not allow can be treated as nonpayment of rent and lead to an eviction case.
Tenant Repair Laws: state by state
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- Wisconsin
- Wyoming
Frequently asked questions
What is repair and deduct?
Repair and deduct lets a tenant pay for a needed repair after the landlord fails to fix it in time, then subtract the cost from a later rent payment. Where it is allowed, the law usually caps the amount, and some states also limit how often it can be used.
Can a tenant stop paying rent because of needed repairs?
Only where state law allows it, and usually only after written notice and a waiting period. Some states let tenants withhold rent directly, others require rent to be paid into a court or escrow account, and some do not allow withholding at all.
What counts as a repair the landlord must make?
The remedies in this guide generally cover conditions that affect health, safety or habitability, such as no heat, no running water, broken plumbing, unsafe wiring or serious leaks. Cosmetic issues and damage caused by the tenant are usually not covered.
Can a landlord retaliate against a tenant who asks for repairs?
Many state laws protect tenants from retaliation, such as an eviction or rent increase, for complaining about conditions or reporting them to a code inspector. The rules and time frames differ by state, so check the statute for your state.
What if my lease says I am responsible for all repairs?
A lease cannot always waive the landlord's basic duty to keep a home fit to live in. Whether such a clause is enforceable depends on state law and on the type of repair involved.
Repair and deduct: which states say yes?
Of the 37 jurisdictions we checked, the answer is yes in 23 jurisdictions, in some cases in 8, no in 6. Yes: Arizona, California, Colorado, Delaware, Hawaii, Illinois, Louisiana, Maine, Massachusetts, Mississippi, Missouri, Montana, Nevada, North Dakota, Oklahoma, Oregon, Rhode Island, South Dakota, Texas, Utah, Vermont, Virginia and Washington. In some cases: Alaska, Connecticut, Iowa, Kentucky, Minnesota, Nebraska, South Carolina and Tennessee.
Rent withholding: which states say yes?
Of the 32 jurisdictions we checked, the answer is yes in 3 jurisdictions, in some cases in 23, no in 6. Yes: Florida, New Mexico and Vermont. In some cases: Alaska, Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Iowa, Kansas, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, South Dakota, Virginia, Washington and Wisconsin.
Which states have the highest and lowest landlord repair deadline?
Among the 34 jurisdictions with a single statewide figure, landlord repair deadline ranges from 3 days (Idaho and Utah) to 30 days (Arkansas, California, Delaware, Maryland, Mississippi and Ohio). The most common figure is 14 days (16 jurisdictions). Check each state's page for exceptions.