§PlainStatute

Housing · Warranty of habitability

Warranty of Habitability by State: Can You Withhold Rent?

What a landlord must keep livable in each state, and your remedy when they do not: whether you can withhold or escrow rent, or must use another route. Each cited to the statute.

6 of 50 states published. Nearly every state recognizes an implied warranty of habitability, so the real difference is the remedy: what you can actually do about a landlord who will not fix a serious problem.Some states let you withhold or escrow rent; others limit you to repair-and-deduct. Withhold the wrong way and you can be evicted, so the mechanics matter. Every page links to the statute.

Read this first: the duty, and the remedy that varies

The implied warranty of habitability is the landlord's duty to keep a rental fit to live in: heat, running water, working plumbing, and a safe, sanitary structure. It is recognized in almost every state, by statute or by a leading court case. What differs is your remedy when the landlord ignores a serious problem.

Some states let you withhold rent or pay it into a court escrow account until the repair is made; others do not allow withholding at all and point you to repair-and-deduct or lease termination instead. Getting this wrong is risky: stop paying rent without following the exact notice and escrow steps and you can face eviction. So this page is about the duty and the rent-withholding remedy; the separate repair-and-deduct dollar cap has its own page. Every figure links to the statute, and pages still pending verification say so.

Pick your state

The remedy, what the landlord must maintain, and the statute on each card.

C

CA
California
Habitability defense, limited withholding
In this state
Main remedyRepair-and-deduct or defense
StatuteGreen v. Superior Court, 10 …

F

FL
Florida
Escrow / pay into court
In this state
Statute§ 83.51

I

IL
Illinois
Withholding allowed
In this state
StatuteJack Spring, Inc. v. Little,…

N

NY
New York
Withholding / abatement allowed
In this state
Statute§ 235-b

P

PA
Pennsylvania
Escrow (code violations)
In this state
StatutePugh v. Holmes, 486 Pa. 272

T

TX
Texas
No rent withholding
In this state
Tenant remedyRepair-and-deduct only
Statute§ 92.052

What these pages are, and what they aren't

Each state page is a reference for the habitability duty and the neutral steps around it. They are deliberately not advice for your dispute: withholding rent has strict notice and escrow rules, so each page links to the statute. This is legal information, not legal advice.