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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
ALAlabamaNoNo14 days after written notice
AKAlaskaEssential services onlyOnly as a court defense10 days after written notice
AZArizonaYes, up to $300 or half a month's rentOnly as a court defense10 days after written notice
ARArkansasNoNo30 days after written notice
CACaliforniaYes, up to one month's rentRent not owed if cited and unfixed for 35 daysReasonable time (30 days presumed)
COColoradoYes, with notice and estimateRent paid into court24 to 96 hours to start repairs
CTConnecticutEssential services onlyRent paid into court15 days after written notice
DEDelawareYes, up to $400 or half a month's rentPartial, for essential services30 days after written notice
FLFloridaNoYes, after 7 days' written notice7 days after written notice
HIHawaiiYes, up to $1,000 or one month's rentRent paid into court12 business days to start repairs
IDIdahoNo, smoke detectors onlyNo3 days after written notice
ILIllinoisYes, up to $500 or half a month's rentNot listed14 days after written notice
INIndianaNoNoReasonable time after notice
IAIowaEssential services onlyOnly as a court defense7 days after written notice
KSKansasNoOnly as a court defense14 days after written notice to start a fix
KYKentuckyOnly where URLTA adopted locallyNot listed14 days after written notice
LALouisianaYesNot listedReasonable time after demand
MEMaineYes, up to $500 or half a month's rentNot listed14 days after certified mail notice
MDMarylandNot listedCourt rent escrowReasonable time (over 30 days presumed unreasonable)
MAMassachusettsYes, up to 4 months' rent a yearOnly as a court defense5 days to start, 14 days to finish
MIMichiganNot listedOnly as a court defenseNot listed
MNMinnesotaOnly by court orderCourt rent escrow14 days after written notice
MSMississippiYes, up to one month's rentNot listed30 days after written notice
MOMissouriYes, up to $300 or half a month's rentNot listed14 days after written notice
MTMontanaYes, up to one month's rentNot listedReasonable time (14 days to avoid termination)
NENebraskaEssential services onlyNot listed14 days after written notice
NVNevadaYes, up to $100 or one month's rentCourt escrow as an eviction defense14 days after written notice
NHNew HampshireNot listedOnly as a court defense, rent paid into court14 days after written notice
NJNew JerseyNot listedRent paid into courtNot listed
NMNew MexicoNot listedYes, one third rent abatement7 days after written notice
NYNew YorkNot listedCourt stay, rent paid into courtNot listed
NCNorth CarolinaNot listedNo, not before a court rulingReasonable time based on severity
NDNorth DakotaYesNot listedReasonable time
OHOhioNot listedRent paid into courtReasonable time, at most 30 days
OKOklahomaYes, up to one month's rentNot listed14 days after written notice
OROregonYes, up to $300 (minor defects)Not listedAt least 7 days after written notice
PAPennsylvaniaNot listedEscrow if certified unfitNot listed
RIRhode IslandYes, under $500 per yearNot listed20 days after written notice
SCSouth CarolinaEssential services onlyNot listed14 days after written notice
SDSouth DakotaYesEscrow if repairs exceed one month's rentReasonable time
TNTennesseeEssential services onlyNot listed14 days after written notice
TXTexasYes, up to one month's rent or $500NoReasonable time (7 days presumed)
UTUtahYes, up to 2 months' rentNot listed3 days after written notice (habitability)
VTVermontYes, up to half a month's rentYesReasonable time (30 days for minor defects)
VAVirginiaYes, up to one month's rent or $1,500Court rent escrow14 days after written notice
WAWashingtonYes, up to 2 months' rentEscrow if conditions certified24 hours to 10 days to start repairs
WIWisconsinNot listedPartial abatement onlyPromptly
WYWyomingNot listedNot listedReasonable 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.

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.