What happens to rent that has been escrowed

What happens to rent that has been escrowed

Rental Property Investor · Columbus OH (columbus, oh) · Member since 2020 · 143 posts · 71 votes

I closed on a property on Thursday.  It is a duplex and comes with tenants.  I purchased the property under the understanding that one of the tenants was currently living in a hotel and escrowing their rent due to the property failing inspections by the city.  This had happened when the tenant called the city after the owner refused to address issues.  

I have contacted the tenant and learned the following:

  • Their are 4 months of rent in escrow for a total of $3200
  • The tenant is actually still occupying the property
  • They had just cause for calling the city

I am curios what the legal aspects are pertaining to the escrowed rent.  This is new territory for me.  Right now, the different possibilities I see are:

  • The previous owner may actually have claim to 100% of this money, as they owned the property during the time this rent was escrowed.  
  • I may have claim to 100% of this money, once I have remedied all code violations.
  • The tenant may have claim to 100% of the money for each month the property had significant code violations.

My real estate investor self would say that I should take 100% of the escrowed rent if it is my legal right to do so.  My "teacher and nice guy" side would want to give 100% of the escrowed rent to the tenant, as they need it more than me, and I didn't even own the property at that time.

My teacher and nice guy side wins out most of the time in these situations, but I certainly don't want to give $3200 to the tenant and then find out later that have to send and additional $3200 to the previous owner.  

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      • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
        5y

        IF the tenant has to end up paying anyone.....you get the rent, if any, for the time You owned the property.  The seller would get the rent payable for the time period he owned the property.  

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