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Can a tenant withhold rent if there are maintenance issues in the rented property in India?

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Yes, if there are significant maintenance issues in the rented property that the landlord has failed to address despite being notified, a tenant may consider withholding rent. These issues should be substantial and directly affect the habitability or use of the property.

Provide written notification:

It is crucial to provide the landlord with written notification of the maintenance issues and a reasonable opportunity to address them. This notification should clearly outline the problems, request repairs, and specify a reasonable time frame for the landlord to resolve the issues. If the landlord fails to address the significant maintenance issues within a reasonable time frame, the tenant may consider withholding rent. However, it is important to ensure that sufficient time has passed for the landlord to take action.

Document everything:

It is advisable to maintain records of all communication, including written notifications to the landlord and any responses received. This documentation can be helpful in case of any future disputes or legal proceedings.

Check for deductions:

When withholding rent, the tenant may choose to deduct a proportionate amount from the rent, based on the severity of the maintenance issues and their impact on the use and enjoyment of the property. The exact deduction should be reasonable and proportionate to the extent of the issues.

Seek professional help:

If you are considering withholding rent, it is advisable to consult with a legal professional who specializes in tenancy laws in your jurisdiction. They can provide guidance based on the specific circumstances and local regulations.


Remember, withholding rent should only be considered as a last resort when all attempts to resolve maintenance issues amicably have failed. It is essential to follow the legal procedures and maintain open communication with the landlord throughout the process.