Q.How should a tenant determine what percentage of the rent to withhold?

A.Most courts will determine what percentage of the rent should be withheld by the percentage of the rental unit that is uninhabitable. For example, if one of four rooms in a rental a rental unit is uninhabitable, the tenant could withhold 25 percent of the rent. The tenant would have to pay the remaining 75 percent of the rent. In some cases, however, the court may make its determination based on the reduced value of the rental unit in its defective state. The tenant would in turn have to pay the difference between the fair market value of the rental unit (e.g. the amount stated in the rental agreement or lease) and the rental unit's value in its defective state.

© Copyright 1999-2024 Melissa C. Marsh. All Rights Reserved. All Information on this website is subject to a Disclaimer and Use Agreement. This information is provided as general information only and should not be construed as legal advice. We advise you to seek the advice of competent legal counsel to address your own specific questions, facts and circumstances.