Can I withhold rent for repairs?

How the answer differs across 2 jurisdictions

US-CaliforniaFull article
The Short Answer

Yes, you may withhold rent in California if your landlord fails to fix serious habitability problems after proper written notice, but only under strict conditions and with risks.

30 days
Notice period
1/3 rent
Max withhold
Substantial def
Required condition
Written notice
Mandatory step
US-New YorkFull article
The Short Answer

Yes, but only under strict conditions — you must first notify your landlord in writing, give them a reasonable time to fix serious habitability issues, and follow court-approved procedures like rent escrow or repair-and-deduct (where allowed).

30 days
Notice period for heat/hot water
14 days
Reasonable repair window
$1,000
Max repair cost for deduct
Housing Court
Required venue for escrow

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US-CaliforniaCan I withhold rent if my landlord won't make repairs?US-New YorkCan I withhold rent if my landlord refuses to make necessary repairs?

Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: June 2026.