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If your landlord has failed to keep your rental unit livable, you may be able to stop paying rent until the repairs are made. Your right to withhold rent—and the specific procedures you must follow to do so—vary from state to state. See the Nolo article How Rent Withholding Works for advice and rent withholding laws by state. In most states, tenants must give landlords written notice of the problem and of their intent to withhold rent. We include here a sample letter that cites California law; if you are not a California tenant, consult your state law before writing a similar letter to your landlord. For details on tenant rights to rent withholding and other options if a landlord fails to provide habitable premises, see Every Tenant's Legal Guide or (if you're renting in California), California Tenants' Rights.
58 Coral Shores, #37
Shady Bay, CA 00000
407-555-5632 August 5, 20xx Mr. Roy Hernandez
3200 Harbor Drive
Shady Bay, CA 00000 Dear Mr. Hernandez: My family and I are your tenants at the above address. As you know, I called you on August 3, 20xx to report that the front porch has collapsed from dry rot at the top of the stairs, making it impossible to enter the flat except by climbing through a front window. You assured me that you would send a contractor the next day. No one came on August 4. Under California Civil Code Section 1941.1, you are responsible for keeping the porch in good repair. California law gives tenants the right to withhold rent if your failure to make repairs renders the rental uninhabitable. (Green v. Superior Court, 10 Cal.3d. 616 (1974).) The absence of a front entrance makes our house unfit. By hand-delivering this notice to you today, August 5, I am giving you reasonable notice as required by law. If the porch is not repaired by August 10, I will withhold rent until it is. Yours truly, Alicia Sanchez