Your Landlord Won't Make Repairs: What You Can Do, in Order
The heat has been out for four days. You texted twice. The landlord said "I'll get someone out there" and nothing happened. You have rights here — every state requires a landlord to keep a rental habitable — but the rights only work if you use them in the right order. Skip a step, and a strong case turns into a notice for non-payment against you.
This is the order. Each step is what most states require before the next one is available, and each one is worth doing even if the landlord comes through halfway.
What the Landlord Has to Fix
The "implied warranty of habitability" exists in every state but Arkansas, and it is not about comfort. It covers what makes the unit safe and liveable:
- Heat in cold weather; running hot and cold water; working plumbing and sewage
- Electricity and safe wiring; working smoke and carbon-monoxide alarms
- A roof and walls that keep the weather out; windows and exterior doors that lock
- No infestation you did not cause; no mould from a building defect
- Working appliances that came with the unit (in most states, if the lease includes them)
- Common areas that are safe and clean
A dripping tap, a sticking door or a cosmetic problem is a repair the landlord should make, but it does not trigger the remedies below. Those are for habitability.
The Order
- Written notice. Texts and calls do not start the legal clock in most states; a dated written notice does. Email if the lease allows it, otherwise a letter (keep a copy, send it so you have proof of delivery). Say what is wrong, when it started, when you first reported it, and ask for a repair by a specific date. Photos attached.
Repair request — 2210 Barton Springs Rd, Unit B
The furnace has not worked since Monday, February 3. I reported it by text on February 3 and 5. Indoor temperature this morning was 54°F. Please repair it by Friday, February 7. I am available for access any day with a few hours' notice. Photos of the thermostat and the furnace error display are attached.
— Maria Alvarez · sent February 6 by email and by letter - Wait the legal period. Most states give the landlord a "reasonable time" after written notice and then define it: 24 hours to a few days for heat, water and other emergencies; 7–30 days for the rest. The state law pages have your number. Keep a log: every day the problem continues, every contact, every reply.
- Repair and deduct (where allowed). About half the states let you have the repair done yourself and deduct the cost from rent, up to a limit — often one month's rent, sometimes a fixed dollar amount, usually no more than once or twice a year. It only works after proper notice and the waiting period, with a licensed vendor and an itemised receipt sent to the landlord with the reduced rent. Do it wrong and the "short" rent is a non-payment.
- Rent escrow or withholding (where allowed). Some states let you withhold rent until the repair is made; more require you to pay it into a court escrow account instead. Either way: only after notice and the waiting period, only for a habitability problem, and only if you keep the money available — spending it is what turns this into an eviction. Never withhold in a state that does not allow it.
- Code enforcement. Your city or county housing inspector will inspect on request and issue a violation notice with a deadline. It is free, it creates an official record, and in most states it triggers anti-retaliation protection for you. Many landlords fix things within days of an inspector's letter that they ignored for weeks from a tenant.
- Small claims or a lease termination. For ongoing problems, small claims court can award a rent reduction for the months the unit was defective. For a unit that has become uninhabitable and stays that way after notice, most states let you end the lease — "constructive eviction" — and leave without further rent. Document everything before you rely on this one.
Three things that lose the case: withholding rent without written notice first; withholding in a state that requires escrow; and stopping rent entirely for a problem that is real but not a habitability problem. Each one gives the landlord a clean non-payment case against you, and the repair issue becomes a defence you have to prove rather than a claim the landlord has to answer.
Retaliation
A landlord cannot raise your rent, cut services, refuse to renew or start an eviction because you asked for repairs, complained to an inspector or exercised any legal right. Most states presume retaliation if any of those happens within three to six months of your complaint, and the landlord has to prove an independent reason. That protection is one more reason to put the first request in writing: the date on it is what makes the presumption work.
If your landlord uses My Rental Spot: every request you submit from the portal is dated and time-stamped with photos, the landlord's replies are on the same thread, and the whole record exports if you ever need it. Most requests never get that far — the landlord sees it on their phone the same day. See My Rental Spot for renters.
Emergencies
Gas smell: leave and call the gas company. Sparks, burning smell, water pouring through a ceiling: call the landlord's emergency line and, if no answer, the utility or the fire department. Sewage backing up, no heat in freezing weather, no water: these are same-day repairs in every state; send the written notice and call the housing inspector the same day if there is no response. Your safety comes before the process.
Frequently Asked Questions
How long does a landlord have to make repairs?
After written notice: usually 24 hours to a few days for heat, water, electricity and other emergencies, and 7 to 30 days for other habitability repairs, depending on the state. The state law pages have your state's number.
Can I withhold rent if my landlord won't make repairs?
Only in states that allow it, only for a habitability problem, and only after written notice and the waiting period. Many states require you to pay the rent into escrow instead of keeping it. Withholding without following the rule is treated as non-payment.
Can I fix it myself and deduct the cost from rent?
In about half the states, yes — after written notice and the waiting period, using a licensed vendor, with a receipt sent to the landlord, up to a limit (often one month's rent) and usually no more than once or twice a year.
Can my landlord evict me for complaining about repairs?
No. Retaliation is illegal in every state, and most presume it if a rent increase, non-renewal or eviction follows a repair request or inspector complaint within three to six months. Keep the dated written request — it is the evidence.
Should I call the housing inspector?
If written notice and the waiting period have not worked, yes. The inspection is free, produces an official violation with a deadline, and triggers anti-retaliation protection. It is usually the step that gets the repair done.
Can I break my lease over repairs?
If the unit is genuinely uninhabitable and the landlord has not fixed it after written notice and a reasonable time, most states allow you to leave without further rent. Document the condition, the notice and the delay thoroughly first — this is the remedy most often challenged.
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