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The tenant MAY be able to withhold rent if the landlord fails to do what the law or rental agreement requires. Upon the other's breach of the lease or upon violation of the Code (§ 5117).If they do not, you may be able to withhold rent or even break your lease and move out. Landlord's Withholding of the Security Deposit. Your rights and duties are different if you have been evicted for breach of the lease, or have left the rented property before the lease expired. A written lease contains obligations for both the landlord and the tenant. Remember, the landlord may evict if you do not pay all of the rent! ③ If you think the problems violate health or building codes, contact the health department.