How does a tenant begin to put their money into escrow regarding the withholding of rent for repairs that have not been made?

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How does a tenant begin to put their money into escrow regarding the withholding of rent for repairs that have not been made?

My landlord won’t do repairs on several areas of the home. Old carpets, damaged doors, roof in need of repair, and dining room ceiling leaks. These issues were present since we moved in 5 years ago. He has refused to do repairs or work with us on repairs.

Asked on October 1, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

In most states the withholding of rent is an exchange for repairs actually made to a unit by the tenant when the landlord after notice of the problem needing repairs unnecessarily delays in making them.

In your instance you do not set up an escrow if the landlord has not made the requested repairs. You need to do the following. Write the landlord advising him or her that if certain repairs are not made to the unit by a set date, you will hire someone to do them and deduct the costs for the repairs from your next month's rent check for the rental.

Keep a copy of the letter sent to the landlord for future need.

Good luck.


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