Myth!

Not necessarily. Residential tenants can’t just withhold rent. They must either continue paying the landlord or follow a formal rent escrow process by paying rent to the court.

According to MSH Associate Dan Burns, tenants must be current on rent, give written notice of the issue to the landlord, and allow a reasonable time (maximum 30 days) for the landlord to fix the issue. Some courts have additional requirements or procedures or may apply the statute differently, so tenants should always check with the Clerk of Courts. 

Failing to follow the proper procedure can put a tenant at risk, even if there are legitimate issues with the property. If you have questions about your rights as a tenant, MSH can help.