Also known as: withhold · withholds · withheld · withholdings
Written by attorneys · grounded in primary & secondary sources — see below
3 senses
A tenant's temporary retention of rent payments by placing them in escrow after proper notice when the landlord has breached obligations concerning the condition of the leased property. The tenant may continue to withhold until the default is cured or the lease ends. Only the abated amount is held when an abatement has occurred.
The refusal to disclose information, testify, or produce documents under a claim of privilege, constitutional protection, or court rule. The withholding party must expressly assert the claim and describe the withheld material sufficiently for others to assess it without revealing protected content.
The retention of consent to an adoption or the suspension of performance such as delivery of goods or payment of income. Consent may be waived if unreasonably withheld contrary to a child's best interests. A seller may withhold goods upon buyer breach, and a court may order income withholding to enforce support obligations.
Each sense below has its own examples, sources, and questions.
A tenant's temporary retention of rent payments by placing them in escrow after proper notice when the landlord has breached obligations concerning the condition of the leased property. The tenant may continue to withhold until the default is cured or the lease ends. Only the abated amount is held when an abatement has occurred.
Select any source to read its text and confirm it supports the definition.
Wallace Webb notified his landlord that the heating system had failed for the third time. After the landlord ignored the notice, Wallace placed his monthly rent into an escrow account as permitted by the lease terms. The landlord then sued for possession, but the court held the withholding proper until the heating was fixed.
A tenant may withhold rent after proper notice when the landlord has breached obligations concerning the leased property's condition. The withheld rent is placed in escrow until the default is eliminated or the lease terminates. Only abated rent is escrowed once an abatement has occurred.
Supporting sources
The refusal to disclose information, testify, or produce documents under a claim of privilege, constitutional protection, or court rule. The withholding party must expressly assert the claim and describe the withheld material sufficiently for others to assess it without revealing protected content.
Select any source to read its text and confirm it supports the definition.
Wanda Williams, a newspaper reporter, received a subpoena to testify before a grand jury about an article she wrote. She refused to identify her confidential source. The court ruled that the First Amendment did not protect her refusal to appear and testify in the good-faith investigation.
Wesley Wells responded to a subpoena by withholding certain emails on privilege grounds. His response listed the dates, authors, and general subject matter of each email without disclosing their contents. Opposing counsel could then evaluate the privilege claim without learning protected information.
No. The First Amendment does not grant journalists a privilege to refuse to testify before grand juries or to withhold confidential sources. Requiring reporters to appear and testify in good-faith grand jury investigations does not impermissibly burden freedom of the press.
Supporting sources
The party must expressly assert the privilege claim and describe the nature of the withheld documents in a manner that enables other parties to assess the claim without revealing privileged information.
Supporting sources
The retention of consent to an adoption or the suspension of performance such as delivery of goods or payment of income. Consent may be waived if unreasonably withheld contrary to a child's best interests. A seller may withhold goods upon buyer breach, and a court may order income withholding to enforce support obligations.
Select any source to read its text and confirm it supports the definition.
Wyatt Wilson, an unmarried biological father, refused to consent to the adoption of his newborn child. The court found that he had not manifested a commitment to the child sufficient to require his consent under state law. The adoption proceeded without his approval after notice and a hearing.
Wayne Walker contracted to sell custom machinery to a buyer who failed to make the required progress payment. Walker withheld delivery of the remaining units still in his warehouse. The buyer later cured the breach, but Walker was entitled to suspend performance until payment arrived.
William Williams fell behind on child support payments. The court entered an income-withholding order directing his employer to deduct a portion of each paycheck and remit it to the support agency. William's take-home pay decreased until the arrears were cleared.
Consent may be waived if it is unreasonably withheld and withholding is against the child's best interest, such as in cases of abandonment. Notice and a hearing are required for a nonconsenting parent before waiver occurs.
Supporting sources
A seller may withhold delivery when the buyer breaches the contract. The seller is justified in suspending performance until the buyer cures the breach.
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…is whether this case can be arranged with damnum absque injuria (a loss without an injury) or whether the act of delivering or withholding a commission is merely a political act belonging to the Executive department alone. There may be acts of the Executive which are political and not examinable by the courts. But when the…
…and refined in Younger v. Harris , 401 U. S., at 50. We find it unnecessary to decide whether the District Court erred in withholding injunctive relief, for we assume the Texas prosecutorial authorities will give full credence to this decision that the present criminal abortion statutes of that State are…
…must also be intrusted with ample means for their execution. It cannot be presumed the framers intended to impede execution by withholding appropriate means. It is not denied that the powers given to the Government imply the ordinary means of execution, such as conveying money where required. But it is denied that the…
…Ogden , 9 Wheat., at 195 ("The enumeration presupposes something not enumerated"). The Constitution mandates this uncertainty by withholding from Congress a plenary police power that would authorize enactment of every type of legislation. See Art. I, § 8. Congress has operated within this framework of legal uncertainty ever…
…1940), the plaintiff alleged that she was the beneficiary of a life insurance plan and that the insurance company was wrongfully withholding
It is a court order directing an obligor's employer to withhold support payments from the obligor's income and remit them to the appropriate agency. The order enforces ongoing support obligations and arrears.
Supporting sources