Can a renter put rent into escrow if landlord doesn't fix property?

Answer 1

Proper procedures must be followed according to state and/or local laws regarding this. In Florida you must give the landlord at least a seven-day notice of your intent to fix something that is vital to your living in the home before you can legally offset it from the rent. The repair must not be frivolous and must be of something, like the water heater, that is vital to the function of the home or would make the home uninhabitable if such repair is not made. This said, the landlord can still evict you for non-payment of rent. However you would likely win the case and can seek damages from the landlord of up to three month's rent abatement. Now, if the landlord does evict you in Florida, you can pay what would be the rent amount to the Clerk's Office instead of the Landlord so that you can request a final hearing before a judge or magistrate. If you paid out money to fix something vital in the house you can ask for an emergency hearing to determine rent amount, before you get your final hearing. Whatever the judge says is the amount you have to pay-- most likely it will be your rent minus your repair expense-- and you must pay it immediately in order to have a hearing. Your landlord will get that money, minus the court registry fee of about 14%-- a penalty that will make your landlord think twice about being greedy about the rent!