Can we put our rent in escrow over a fireplace?

Asked 9 months ago - 45040

When we moved in (in June of 2013) we were told our fireplace and chimney would be serviced by 9/15/13. The landlord didn't get a chimney sweep out to inspect it until 11/5/13. A crack was discovered in the back wall and we were told not to use it. It's now nearly March of 2014 and still no repair has been made. It's a beautiful two story stone fireplace in the grand room and we really want to use it (it was deciding factor when we were thinking of leasing the condo). Since it's not a "necessity" per se, will we be allowed to put our rent in escrow over it? We have been going back and forth since November waiting on it to be fixed. We've missed the entire winter to use it...

Attorney answers (3)

  1. Michael J. Caticchio

    Contributor Level 14

    1

    Lawyer agrees

    Answered . i agree with my Colleague that you cannot escrow the rent
    however, if you have a written lease then there is probably a procedure to request a repair, usually in writing and then the follow-up upon lack of repair within a reasonable time period

    or go the practical route and ask Landlord if you may repair at your cost
    probably not so expensive and a lot cheaper than a lawyer

  2. Peter Stephen Kirner

    Contributor Level 16

    Answered . I agree with counsel, and I really don't think you have a remedy here, except give written notice as required by your lease, and move out upon termination of the lease.

    The above information is not, nor intend to be, legal advice. You SHOULD consult an attorney for specific advice... more
  3. Stephen Ross Cohen

    Contributor Level 20

    1

    Lawyer agrees

    Answered . No but you could talk about a reduction in rent until it is fixed and if he refuses you could talk to a local real estate attorney for other remedies allowed by the law where you live.

    My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA.... more

Related Topics

Property rental agreement

A rental agreement is a contract outlining terms of tenancy for a certain period of time. Short-term rental agreements may renew automatically until cancelled.

Landlord-tenant law

Landlord-tenant law is governed mostly by state laws, and covers issues like security deposit limits and deadlines, evictions, and the right to withhold rent.

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