The right to withhold rent generally applies to a landlords failure to timely repair problems affecting the habitability of the rented premises, and commonly involves the tenants right to use one months rent every six months to make those repairs. The tenants typical remedy for a landlords breach of the duty to provide peaceful enjoyment of the premises to tenant, is for the tenant to move out. The failure to move out timely may be treated as a waiver of any such remedy. As peaceful enjoyment of the premises, it should also be noted that the landlord's obligations are limited to reasonable measures designed to address known problems. This issue commonly arises in connection with the criminal conduct of third parties that the landlord has no control over.
Answered on Apr 23rd, 2014 at 10:59 AM