When your landlord is not taking the necessary steps to fix repairs around your apartment and it is becoming unlivable, then it is time to work with rent escrow. To take advantage of this process, your state or local law must first allow a tenant to withhold rent, your landlord needs to be aware of an issue in the first place (usually in writing), and you as the tenant need to give the landlord reasonable time to make the repairs (usually within 14 to 30 days depending on the situation).

You can’t do this over every little problem. It needs to be a serious condition that makes it hard to live in the apartment. If it makes the property unlivable or causes a health problem, then you will be able to do the rent escrow process. If you caused the problem or your guests did, then you will not be able to work with rent escrow at all.

For the tenant to pursue rent escrow, they must also:

# Be current on all of their rent payments. This is both before being approved and after approval for rent escrow. Before, the payments will need to go to the landlord, but after approval, the rent will go into an escrow account. In some cases, even when this is going on, late payment can be enough for the landlord to evict you.

# If you are approved the rent escrow, then you need to notify the landlord of the rent withholding, in writing. Make note of why you are withholding the rent and the name of the party responsible for the escrow account.

# Take the time to file the necessary documents with the court. You may need to file an application and provide information on your utility bills, your lease, and an ID to the courts. The documents that you need will depend on the state.

You may need to send the notice to your landlord through certified mail with a return receipt, but check with your local and state law to see. It may be a good option even if it is not required so you have proof the landlord got the notice.

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