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Should I put my rent in escrow for a property too damaged to fix?
My friend is living in a rental house with black mold caused by the raw sewage that is leaking from pipes in the walls bathroom, kitchen, and ceiling. Yeah, gross. She has called the health and fire department after the landlord has refused to come out in over 2 months. The health department hasnt made it out there yet but the fire department said the kitchen and bathrooms walls need to be ripped out. That will mean there is no kitchen or bathroom, there will be no usable toilets or water. She is going to put her rent in escrow, but if the house wont be livable when (if) the repairs are made, is that the best thing to do?
3 Answers
- acermillLv 71 decade agoFavorite Answer
You need to advise your friend that she is NOT allowed to escrow her rent payments until there is a court order directing her to do so. The 'fire department' is not authorized to determine whether or not any such repairs need to be performed to make the unit 'fit for human habitation'. That decision will come from the local health department. Inform your friend, as well, that if the health department indicates that the premises are NOT fit for human habitation, she will be required to vacate the premises. She will NOT be allowed to stay there until any required remediation is completed.
- Anonymous1 decade ago
She CANNOT do that. It is illegal to withhold rent over any repair issues with out a court order . A tenant cannot up & use an escrow account without the proper authorization.
She has to either wait for the health department to do their inspection or sue the landlord. Either rout will get her the proper authorization to legally break the lease or to legally withhold the rent. She cannot do anything until one of those 2 things happens. If she withholds rent without going through the proper legal procedure she can be evicted & sued for the owed rent.
Source(s): I'm a property manager. - LandlordLv 71 decade ago
She should get a court order to do so first. The fire department are not licensed inspectors and can not determine what, if any, renovations are required for the house.
If your friend remains in the house that is legal proof that she does NOT think the place is uninhabitable.
