Rent going into "escrow account" next month

As some of you know, our land lord is a dead beat. Needed a new roof when we moved in here last October and we still don't have one. House leaks all over. There is mold and we have all been sick since we moved in!! We had no choice to sign another lease because we are trying to save more money to move, so we did that on Sept 2nd. Two days later I got a phone call from a real estate company saying they had someone who wanted to look at the house!!! I was like WHAT? He never told us that he was selling it. But he told the real estate company he told us!!! Really!!! So after discussing it with friends who are landlords and two friends who are in the real estate business, we were told NOT to pay rent and to deposit it into an "escrow account". SO I opened a new account and that is where it is going... We are kind of scared as what is going to happen when he comes for the rent.. I know my other family members are going to clam up and not say anything to him about how bad it has been living here... We have paid this guy well over 25000$ and it hasn't gone into one part of this house. We know the house is in the early stages of foreclosure... Wish us luck!

Re: Rent going into "escrow account" next month

Good luck!

I know you are trying to save but maybe you should think about moving somewhere else, especially if you have all been sick bc of the mold and poor conditions. Try to find a place that allows you to save, albeit maybe not as much, but at least you are safe and healthy. Maybe you can cut back in other areas.

Good luck again!

Re: Rent going into "escrow account" next month

I know you said that you spoke to friends, some of whom are in real estate, about your situation. But did you consult an attorney?

While NY law does allow a renter to withhold rent if a landlord fails to take care of important maintenance (e.g., repair a leaky roof), I believe there are requirements for the type of notice you have to give the landlord (and how long he has to make the necessary repairs before you may start withholding rent).

It sounds like you have already asked the landlord to make repairs and made him aware of the condition of the house, but have you documented those requests? It would probably be helpful to show that you put the landlord on written notice and even documented the problems (leaks, mold) with photographs. If you are going to withhold rent as a remedy, I would just make sure you research it so that you undertake the proper steps. If you withhold rent, the landlord could always sue you for failure to pay rent (and you could countersue for breach of warranty of habitability).

It may not be possible for you, but have you considered moving (rather than potentially tangling with the landlord in court, and maybe not getting anything fixed for quite awhile)? It seems like it's not a great living situation, to say the least, and you would be better off in the long run.

Whatever you decide to do, good luck with it!

Re: Rent going into "escrow account" next month

Whats he going to do? Hire a lawyer to come after you?

If the house in foreclosure and he has not fixed the roof, I would at LEAST hold back the amount of your security deposit.

I'm not saying its legal. I'm just telling you what I would do.

Re: Rent going into "escrow account" next month

Re: Rent going into "escrow account" next month

I think I remember your story. I am not going to offer you any advice, but just curious what areas you are looking for a rental and how many rooms you will need?

On occasion because part of my job requires housing location for low income/disabled clients, I have landlords who rent houses call me looking for tenants.

I rarely need them because I tend to deal with single people who want their own place and/or don't want a roommate.

The one who calls me a lot with whole houses also has single rentals for a lot of our people and has been a pleasure to deal with. He also does not ask for more than a month security, and in terms of rent, will not exceed fair market value.

Lastly, Nassau Suffolk Law Services is a good resource. They may not be able to take your case, but they have always been great about giving me phone consultations and making recommendations when my clients have had housing-related issues.

Re: Rent going into "escrow account" next month

Re: Rent going into "escrow account" next month

NSLS is free to people who are low income or disabled if this may somehow apply to your situation.

I will look when I am at work to see if there are any rentals in that area.

Unfortunately, most of my leads are in Central/Eastern Suffolk County.


In any event, I hope you are able to get out of that situation soon.

I have a friend who was renting an apartment in Nassau County and they took their landlord to court for similar issues, and were able to keep all the $$ they had in escrow.

But I am not super knowledgeable about tenant law so I would speak to someone who is before banking on that to work out.

Re: Rent going into "escrow account" next month

Re: Rent going into "escrow account" next month