tenantguide

Repairs & habitability

My landlord won't fix anything — what are my rights?

The short answer: in most states, your landlord has a legal duty to keep the place habitable — heat, water, plumbing, a safe structure. The process that wins: put the request in writing, give a reasonable time to fix, then escalate through your state's remedies. Calling and complaining for months does nothing. A written paper trail changes everything.

Step 1: Put it in writing

If you've only called or mentioned it in person, you haven't really asked yet — at least not in any way that holds up. Send a repair request by email or text so there's a record: describe the problem, when it started, why it matters (safety, health, habitability), and ask for a repair date. Keep a copy. This single step is the foundation every remedy below stands on.

Step 2: Give a reasonable time

What's reasonable depends on severity. No heat in winter, no hot water, a gas leak, a broken lock — that's urgent: days, not weeks. A dripping faucet, a cracked tile, a noisy fan — that's longer. Courts and code enforcement both think in these terms, so frame your timeline by severity, not frustration.

Step 3: The escalation ladder

  1. Second written notice. Reference the first one, note the days elapsed, and say you intend to pursue your remedies. Landlords who ignored a request often move fast on a deadline.
  2. Code enforcement / health department. Your city or county inspects rental housing and can order repairs — this is one of the most powerful free tools renters have. An inspector's violation notice does what months of pleading couldn't.
  3. Repair-and-deduct. In some states you can hire a professional yourself and subtract the cost from rent — but only with strict notice procedures and often a cost cap. Illegal where not authorized. See our repair-and-deduct guide before trying this.
  4. Rent withholding. Some states allow withholding rent (sometimes into an escrow account) after proper notice. Others treat unpaid rent as grounds for eviction regardless of the repair situation. See our rent-withholding guide.
  5. Legal help. A local tenant-rights organization or legal-aid office can tell you exactly which remedies your state allows — often for free.
The move that backfires: just stopping payment The single fastest way to lose a repair fight is to stop paying rent without following your state's procedure. Even when your landlord is clearly in the wrong, unauthorized nonpayment gives them grounds to file for eviction — and eviction filings follow you. Always use the formal process.
"My lease says repairs are on me" Many leases include clauses shifting repair duties to the tenant. In most states, a landlord cannot waive the basic habitability duties by contract — the clause is often unenforceable for essential systems. Read your lease, but don't assume a clause you signed ends your rights. Your state decides that.

Related guides

Informational only — not legal advice.

Tenant rights vary enormously by state and city. Remedies like repair-and-deduct and rent withholding are legal in some places and dangerous in others. Check your state's tenant-rights resources or a local legal-aid office before acting.