What can a tenant hold rent for?

Question

Hey all,

So recently I had a sewer line back up causing a mess in the tenants side. Long story short, they decided to withhold their rent until they felt this situation was remedied (long story short this issue has been cleaned and closed)

My question is, I didn’t know that tenants could withhold rent for certain issues. So, what are some other circumstances that would allow a tenant to withhold rent?

Best,

Michael

Nathan Gesner · Answer

Typically, the tenant can only withhold rent if the Landlord is non-responsive to a repair request that is necessary. For example, they can't withhold rent because the Landlord refuses to paint the house trim, but they could withhold rent if the Landlord refuses to fix the water heater or deal with a roach infestation.

However, there are steps that need to be taken. From what I understand of CT law, the tenant must report the maintenance issue and then give the Landlord 15 days to repair before the tenant can withhold rent. I suspect your tenant didn't do that.

You may want to share this article with them. I also recommend you review your state law to see exactly what your responsibilities and rights are as a Landlord. If you don't know the law, your tenants can walk all over you.

https://www.nolo.com/legal-enc...

Nathan Gesner · Answer

I'm not a fan of raising rent just to scare someone off. What if they insist on staying but then can't afford it and get behind? It sounds like your tenant is already struggling to keep up and they violated the lease and the law by withholding rent without justification.

When someone's on a month-to-month lease, you don't have to justify termination (check state law). Just give them the appropriate notice and get them out. Renovate the unit, raise it to market rate, and find a tenant that can abide by the terms of the lease.

Joe Splitrock · Answer

It varies by state and as @Nathan G. said, it is only when a landlord is non responsive within a period of time. In some cases a tenant can even deduct the cost of repairs from rent, if the landlord doesn't perform after requesting repair on essential items require to make the property habitable.

I would personally explain to the tenant, my role is to keep the property in good repair, yours is to pay rent. I can't keep the property in good repair without rent to pay my bills. Even if there are legal situations where a tenant can withhold rent, it should be reserved only for situations where landlords are not meeting their obligations. On the flip side, eviction should only be reserved for situations where tenants are not meeting their obligations.

Michael Salamone · Answer

@Lien Vuong

That makes sense… guess I’ll have to re-vocalize my communication expectations with them

My spidey senses tell me that they just wanted to sneak out of paying rent on time…

Michael K Gallagher · Answer

@Nathan G. Dropping knowledge bombs out here!  Such great advice!

Nathan Gesner · Answer

That's what I suspect. This is why it's important for you to educate them on their requirements and let them know they can't use a maintenance issue as an excuse for not paying rent.

You should seriously consider non-renewal when their lease is up.

Michael Salamone · Answer

@Nathan G.

Correct, they made no effort to reach out to me that they did not believe the situation was rectified

Thank you for the article!

Lien Vuong · Answer

Short answer is that any situations where they feel that you're not making the home the condition they deem habitable for them. For example, if there is flooding and mold is growing and you still have not choose to fix it.

Michael Salamone · Answer

@Nathan G.

I do have a month to month (tenant at will) whatever you want to call it lease at the moment. I was thinking about raising the rent but need to make sure that it does not appear retaliatory (I was going to raise the rent anyway, this is all jus poor timing)

I also want to renovate their side so it is as nice as the other side I am almost don’t renovating (sweat equity)

This makes me wonder:

-Can I raise the rent on the tenant side more than the new side as an incentive to move and increase rent?

-Only increase rent?

-Completely notice to quit/evict? (This seems extreme to me but their approach during the whole scenario was “you hurt me so I hurt you” and does not bode well w me even after I attempted to engage in collaboration)

Michael

What can a tenant hold rent for?

Most Popular Reply