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Simple English definitions for legal terms
Rent withholding
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A quick definition of Rent withholding:
Term: Rent withholding
Definition: Rent withholding is when a tenant refuses to pay rent or pays less rent because their landlord is not following the law. This usually happens when the landlord is not keeping the apartment in good condition. If a tenant withholds rent because of this, a court may say that the landlord cannot make the tenant pay the withheld rent. Tenants should make sure they understand the laws in their area before withholding rent.
A more thorough explanation:
Rent withholding is when a tenant refuses to pay rent or reduces the amount of rent paid in response to a landlord's illegal behavior that has not been fixed.
For example, if a landlord fails to maintain a habitable living space, a tenant may withhold rent until the issue is resolved. In the case of Park West Management Corp. v. Mitchell, a New York court upheld a tenant's ten percent reduction in rent because the landlord breached the implied warranty of habitability by failing to maintain the premises in habitable conditions.
It is important for tenants to understand the laws and regulations in their jurisdiction regarding rent withholding before taking any action.