How to Create a Rent Escrow Account
- 1). Ask your landlord to fix the issue and give him adequate time to do so. Adequate time is usually defined in your state's tenants rights laws, but usually means within a week or two, depending on the repair. Some states give landlords up to 30 days to make repairs. Always write down the date and time of any phone call made to your landlord and keep all emails and letters.
- 2). Find out the tenants rights laws in your state. Each state is different and most have a handbook either online or that you can obtain through your Attorney General's office.
- 3). Let your landlord know about any conditions that are dangerous immediately. Dangerous conditions should be rectified as soon as possible.
- 4). Send your landlord a certified letter detailing the problems in the apartment or home and that you would like a rent escrow account set up until repairs are made.
- 5). File a Petition for Rent Escrow in your district court and attend the necessary hearing if your issue still has not been fixed after the amount of time required by your state. You can get the petition at your local district courthouse and file it there with the appropriate fee. A lawyer can also file the petition for you. In many district courts, a hearing date can be set for you immediately, but in some cases you may have to wait up to a week to receive your court date in the mail. A landlord can prevent rent escrow if he can prove that you caused the problem, you wouldn't let him into the home to make repairs in a reasonable time, or the court has issued judgments against you in the past for not paying rent.
- 6). Consult a real estate attorney or legal aid in your region regarding other actions you can take. In Maryland, for example, you can request the money in the escrow account be dispersed back to you if the repairs are still not made after six months.