One of the most frustrating things about being a tenant is the lack of power in the landlord tenant relationship. A tenant does have one source of power, the rent payment. Can a tenant stop paying rent to the landlord?
Most jurisdictions permit tenants to withhold rent and place the funds into an escrow account with the court or other state agency when a landlord is not maintaining property and the property is in need of repair. If the landlord does not make the needed repairs, the tenant may be able to break the lease.
In most instances, a tenant cannot simply withhold rent without court action pending. It may be necessary for you to file suit against the landlord. You should always speak with a lawyer well versed in landlord tenant law before withholding rent from your landlord.
If a tenant decides to stop paying rent becase the landlord is not in compliance with the lease, the first thing the tenant needs to do is make the landlord aware of the reasons for not paying the rent. Ideally, the tenant should send written notice of the defective condition and the landlord's non-compliance with the lease well in advance of the tenant's decision to withhold rent.
Advance written notice of a tenant's intention to stop rent payment may show the landlord how serious the tenant is about non-compliance on the part of the landlord. Written notice of defective lease conditions or non-compliance with lease terms also provide a paper trail for future court action.
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LandlordTenantHelpOnline.org is a free online resource solution provided by Digital World Incorporated to help Landlords and Tenants with important questions about their landlord and tenant legal rights.
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