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Decision guide

Repair escalation: what to do, in what order

Page last updated: September 3, 2026 · How we source & update

What this shows

Almost every repair remedy that exists anywhere requires one thing first: proof that you asked, in writing, and when. This path is ordered so that each step creates the record the next step needs. The rent-based remedies sit at the end deliberately — they are the only ones that can turn a repair problem into an eviction if used wrongly.

First step, today: find yourself on the map below, then do the "what to do" line for that one stage. Do not skip ahead — each stage creates the record the next one needs.

Where this comes from: this is a process map, not a rule. It contains no deadlines and no dollar figures, because those are set by your state, city, lease and housing type — your state page carries the sourced rule with its citation and review status. This wording has not been attorney-reviewed.

The stages

The diagram above is decorative. Everything it shows is written out below, in the same order — that list is the real content, and it is what screen readers, printers and text browsers get.

  1. 1 · Written request, with photos
    Use the method your lease names for notices. Keep a copy and proof of sending.
    What to do: This starts every clock that exists in your state. A verbal request usually proves nothing later.
  2. 2 · Photograph and log
    Wide shot then close, with dates. Note how the problem affects using the home.
    What to do: Condition evidence is only persuasive if it is dated and taken before anything changes.
  3. 3 · Second written notice
    After a reasonable time, referencing the first by date.
    What to do: Two dated requests with no repair is the pattern that makes everything downstream work.
  4. 4 · Code enforcement / housing inspection
    A city or county inspector.
    What to do: An inspector’s report is independent evidence, and in many places it triggers the landlord’s duty directly. Free.
  5. 5 · Free legal aid
    Before any rent-based remedy.
    What to do: Ask which remedies exist in your state and what each one requires. This is the step people skip, and it is the cheapest one.
  6. 6 · A statutory remedy — only if your state has it
    Rent escrow, repair-and-deduct, or withholding.
    What to do: Each has strict preconditions and several states do not allow withholding at all. Check your state page and ask legal aid before you use any of them.

Branches and exceptions this map does not decide for you

  • Escrow, where it exists, is usually the safest of the three because the rent is provably paid — into the court rather than to the landlord.
  • Repair-and-deduct is narrow: eligible conditions only, written notice, a waiting period, a cap, and often a limit on how often you can use it.
  • Withholding is the riskiest and is barred outright in some states.

When this is urgent

No heat in cold weather, no water, no electricity, a gas smell, exposed wiring, sewage, or a broken exterior lock are emergencies. Call the landlord AND your local code-enforcement line the same day, call 211 for local help, and 911 if anyone is in danger. Free legal aid: lawhelp.org. Then do step 1 anyway, so the emergency is on the record.

Your state fills in the numbers

Every deadline, cap and remedy this map deliberately leaves blank is set where you live. The state page carries the rule we have sourced, its official citation, and whether it has been reviewed.

Find your state page Free legal help

Change log & methodology

September 3, 2026 — created (RS-WEB-AUTHORITY-ACTIVATION-006). Built as stages rather than advice: each node states where you are and what the next decision is, and stops short of choosing for you where the choice is legally consequential. No statutory number appears anywhere on this page by design. Corrections: tell us.