The landlord is responsible for making sure none of these disturbances occur in the building, and is responsible for fixing problems that arise, even if the problems are caused by other tenants. If the landlord breaches the warranty of habitability, the tenant may terminate the lease and vacate the premises without any further obligation to pay rent. The tenant would also be entitled to recover any rent paid in advance under the lease. If the tenant chooses to remain in possession, the rent may be reduced by a percentage amount equal to that percentage of the leased premises that is in violation of the warranty of habitability. The majority of states permit the tenant to make the necessary repairs and deduct the costs for such repairs from the rent.
Some states also permit the tenant to remain in possession and pay rent into escrow with the court.
In any event, the tenant usually must give notice of defects to the landlord and allow a reasonable time for the landlord to correct the defects before the tenant can withhold rent or make repairs. The tenant can also report housing and building code violations to the proper authorities in an effort to force the landlord to make repairs. Most states have laws that prohibit a landlord from taking any retaliatory action against a tenant who has reported violations or withheld rent because the leased premises were uninhabitable. It is important that good documentary evidence be maintained of communications between the tenant and landlord. Problems with maintenance and service should always be brought to the landlord's attention in writing, with the tenant keeping a copy for his or her records.