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Posted about 9 years ago

How to handle a tenant that has filed a rent escrow action!!!

Sometimes, not always, a tenant will file a rent escrow action in order to delay paying their rent.  I have seen a lot of landlords get caught up in this web.  The idea behind a rent escrow action was to keep everyone honest.  The tenant would not be able to use it as a delay tactic and the landlord would have to fix any obvious deficiencies to the property. However, this is not how it works in reality.  I have seen many landlords get strung out for months at a clip just to have the tenant move out when the game was over or have all of the rent abated by the court.  So, how do you protect yourself? First, you want to give any rent court action your full attention.  If their is an inspection and there are deficiencies in the property, get the items fixed ASAP, don't delay.  You will want to be as proactive as possible.  Make sure the items that need to be repaired are done so prior to any re-inspection.  In most cases, if the judge sees you have done everything asked by the inspector and all items are fixed, he or she will likely dismiss the case and order the tenant to pay the rent.  However, if the items are not fixed in a timely fashion, then you open the door for the tenant to claim you are not being responsive and for the judge to abate some or all of the rent owed.  Unfortunately, rent escrow actions are on the rise and being proactive can literally save you thousands and keep from wasting your time and or money in rent escrow court.  Hope this helps!!!!


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