Full question:
Tenant has several needed repairs in apartment. Landlord has been made aware of the problems, but has not made any of the requested repairs. Tenant is very frustrated and decides to withhold rent until the repairs are made. Can Tenant withhold rent for repairs that Landlord has not made?
- Category: Landlord Tenant
- Date:
- State: Alabama
Answer:
Yes, a tenant can withhold rent for repairs that the landlord has not made. However, you must first notify your landlord in writing. This notice should include:
- Details of the needed repairs
- Your intention to withhold part of your rent
- The specific amount of rent you plan to withhold
- A 14-day period for the landlord to make the repairs
Provide this notice at least 14 days before your rent is due. If the repairs are not completed within that time, you may deduct a reasonable amount from your rent for each day after the deadline until the repairs are fixed.
It's important not to withhold 100 percent of your rent if you can still live in the apartment. Instead, deduct a conservative amount based on how much of the apartment is affected by the issues. Withholding an excessive amount could put you at risk of eviction. Ultimately, if your landlord sues you for the withheld rent, a court will determine if your deduction was reasonable.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.