If the landlord fails to make repairs, can the tenant withhold the rent?
If a landlord fails to repair serious or dangerous defects in the rental property, tenants have the right to pay their rent into an escrow account established by the local district court. Rent escrow is not provided for defects that just make the property less attractive or comfortable. Examples of serious or dangerous conditions include: Lack of heat, light, electricity or water (unless the tenant is responsible for utilities and the utilities were shut off because the tenant failed to pay the bill); Lack of sewage disposal or rodent infestation in two or more units; Lead paint hazards that the landlord failed to address; Structural defects that present a serious threat to the tenants physical safety; Conditions that present serious fire or health hazards.
