What to Do If Your Landlord Won't Make Repairs

What landlords are legally required to fix

Landlords are not required to fix every imperfection. They are required to maintain the unit in a habitable condition — a legal standard recognized in nearly every state. Habitability generally means:

• Structural integrity (roof, walls, floors)
• Weatherproofing (windows, doors that seal)
• Working plumbing and hot/cold running water
• Adequate heat (most states specify a minimum temperature)
• Working electrical systems
• Freedom from pest infestation
• Compliance with local housing and building codes

Cosmetic issues (paint color, outdated fixtures, worn carpet from normal use) are generally not covered. Damage you caused is not covered. Your lease may specify additional landlord responsibilities beyond the statutory minimum — read it carefully.

Step 1: Send a written repair request

This is the most important step, and it's non-negotiable: your repair request must be in writing to trigger any legal remedy. An email works and creates a time-stamped record. Include:

• A description of the problem (be specific — “no heat” not “it's cold”)
• The date you first noticed it
• Any previous verbal conversations about it
• A reasonable deadline for repair (check your state's statutory repair deadline)
• A statement that you will pursue legal remedies if the problem isn't fixed

Keep a copy. If you send by mail, use certified mail with return receipt. Save every response — including non-responses.

Step 2: Wait the required repair period

Most states require the landlord to make repairs within a set period after written notice. Emergency repairs (loss of heat in winter, sewage backup, no water) typically require 24–72 hours. Non-emergency habitability repairs typically require 14–30 days. Check the habitability lookup for your state's specific deadline.

During the waiting period, document the ongoing problem: dated photos, temperature logs if it's a heat issue, written accounts of any conversations.

Step 3: Choose your remedy

If the landlord fails to repair within the required period, most states give you one or more of these options:

Option A: Repair-and-deduct

Available in most states. You hire a licensed contractor to fix the problem and subtract the cost from the next month's rent. Caps apply — typically the lesser of $100–$1,500 or ½ month's rent, and the remedy is often limited to once or twice per year.

Get multiple quotes, hire a licensed contractor, keep all invoices, and notify the landlord in writing when you deduct the cost. The paper trail matters if the landlord disputes the deduction.

Option B: Rent withholding or escrow

In states that allow it, you can stop paying rent to the landlord and instead deposit it into a court-supervised escrow account. The landlord gets the money when repairs are complete. This is not the same as simply not paying rent — you must follow the specific escrow procedure for your state to avoid being evicted for non-payment.

Some states (Pennsylvania, Maryland) require a government housing inspector to certify the unit as unfit before this remedy is available. Others require you to file a court action. Check your state's process carefully.

Option C: Terminate the lease

If the habitability failure is serious and the landlord refuses to act, most states allow you to terminate the lease on grounds of constructive eviction or breach of the implied warranty of habitability. You must have given proper written notice, waited the repair deadline, and — in most states — given a secondary termination notice.

See our guide on how to break a lease for the full process.

Option D: Sue for damages

You can sue the landlord in small claims court for: reduced rental value during the period of uninhabitability, out-of-pocket costs (hotel bills if forced to leave temporarily, medical expenses caused by the condition), and — in some states — statutory damages for retaliatory conduct.

Step 4: Call code enforcement if needed

If the landlord still won't act, contact your local housing or code enforcement office. An inspector can formally certify violations, which strengthens any legal action you take — and sometimes prompts landlords to act who ignored tenant requests. In some states (Pennsylvania, Maryland), a code violation certification is required before rent escrow is available.

Filing a code complaint is a protected activity in most states, meaning the landlord cannot legally retaliate against you for it. If they try (raise rent, issue eviction notice, reduce services), document the timeline — it's strong evidence of retaliation.

What not to do

• Don't stop paying rent informally — without following escrow procedures, non-payment exposes you to eviction even if the landlord is at fault.
• Don't make repairs yourself without following the repair-and-deduct process— an undocumented repair may not be deductible.
• Don't just leave — an unauthorized early departure without following lease termination procedures can make you liable for remaining rent.
• Don't skip the written notice step — verbal requests don't trigger legal remedies in any state.