Escrow explained, with a side of caution

The faucet's dripping, the window won't open and the air conditioner has just plumb ol' quit. You've requested in writing that your landlord make the necessary repairs, but he hasn't complied.

What do you do?

Well, one of your options is to temporarily stop paying rent to your landlord until the repairs are made.

But hold on, eager beavers, as it's not entirely that simple. Before you start looking around your apartment for something to complain about, be aware that you still do have to pay your rent -- otherwise you become a sure-fire target for eviction. However, you can pay your monthly rent into an escrow account.

Northwest Ohio personal injury lawyer Charles Boyk recently tackled the subjects of landlord-tenant disputes and escrow accounts in his blog at injuryboard.com and in a column for the Toledo Blade.

Because the Blade column provides such valuable information, and because I know eventually it will be archived and not viewable without paying a fee, I'd like to quote Boyk's advice here:

Under state law, landlords have to meet a number of obligations, such as following all applicable health and safety codes keeping the property in a fit and habitable condition, and maintaining the heating, plumbing, and electrical systems.

Once a tenant notifies the landlord of a problem, the landlord has to make repairs within a reasonable period of time. Generally, repairs made within 30 days are deemed timely, unless the problem is something that needs immediate attention, such as a furnace going out in the winter or plumbing troubles.

Tenants can do more than just complain to a landlord about the lack of attention to repairs. They have a powerful weapon at their disposal: the right to deposit their rent into escrow. The tenant must deposit the rental payment with the clerk of the municipal or county court where the rental property is located and ask the court for an order directing that the repairs be made.

At the Toledo Municipal Housing Court, cases in which there are no housing or health-code violations are sent to the Citizens Dispute Settlement Program. Program officials schedule a mediation to see if the issue can be resolved. If an agreement can’t be reached, the matter proceeds before a housing court magistrate.

Though withholding rent will get the landlord’s attention, it needs to be done in accordance with the law through the proper court. Refusing to pay rent without going through the proper procedure gives the landlord the right to initiate an
eviction proceeding.

I must reiterate Boyk's last paragraph there. If you find it necessary to withhold rent from your landlord, please do make sure you've done it the proper way.

You may also want to think twice about going the escrow route. Make sure that the repairs you seek are necessary repairs, and make sure you've given your landlord reasonable time in which to make them.

When it comes to the end of your lease agreement and you're wondering how much of your, say, $600 security deposit might be withheld, or when you realize you need your past landlord as a reference when you apply for a new apartment, you might regret making such a big deal about something small like a missing sink stopper or a chipped kitchen cabinet -- neither of which are likely worth $600 in "damages" some less scrupulous landlords can find if they look hard enough when you vacate your apartment.

Myth-busting

Note: Just because you wipe something, that doesn't mean it's clean.