Does an apartment tenant have the right to withhold rent because the landlord has not been fast enough in fixing some sliding glass doors in a bedroom?

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Does an apartment tenant have the right to withhold rent because the landlord has not been fast enough in fixing some sliding glass doors in a bedroom?

Asked on August 3, 2012 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically no: rent withholding is only allowed in cases where the landlord has failed, after notice and a reasonable opportunity to fix the problem, to correct a condition affecting habitability. That is, rent withholding is usually only an option when the problem is one that makes the rental unit essentially uninhabitable, like a lack of heat or hot water, holes in roof, etc.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Typically no: rent withholding is only allowed in cases where the landlord has failed, after notice and a reasonable opportunity to fix the problem, to correct a condition affecting habitability. That is, rent withholding is usually only an option when the problem is one that makes the rental unit essentially uninhabitable, like a lack of heat or hot water, holes in roof, etc.


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