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Can we put our rent in escrow over a fireplace?

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. 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. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none, but many will offer a free consultation and a face to face meeting generally will be better, I like my clients to write a short one page history of the fact and questions they have prior to meeting with them, so nothing is forgotten.


  2. 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


  3. 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 regarding your individual situation. Based on this response no attorney-client relationship has been formed. If your matter is in Cuyahoga County or surrounding counties, we invite you to contact us. Please visit our website at www.kirnerandboldt.com. Contacting us does not create an attorney-client relationship. Please do not send any confidential information until such time and attorney-client relationship is formed. Attorneys in this firm are only licensed to practice in the state of Ohio and have no specific information as to the laws and rules of other states and none of the information provided is intended to be applied to the laws of other states.

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