Your Rights as a Renter (2024)

Withholding Rent

Renters may have a right to withhold rent if their landlord has failed to provide them with safe, livable, and sanitaryhousing.

Paying in Escrow

You may be able to pay your rent into a separate bank account. This is called paying in escrow. To do this, call your bank and ask to set up an escrow account. You should then deposit your full monthly rent into that account.

Be Aware!When the code violations have been fixed, you will be expected to turn that money over to your landlord.

How Can I Protect Myself from Eviction?

If your landlord tries to evict you for non-payment of rent, you will be able to show the Court that you have been paying your rent into escrow.

If your landlord is not providing you with safe, livable, and sanitary housing, you may also be able to ask the Court to reduce your rent. This is called a rent abatement.

I'm an experienced legal professional with a comprehensive understanding of tenant rights and housing regulations. My expertise extends to the legal nuances surrounding renting, especially in situations where tenants face challenges such as unsafe or unsanitary living conditions. Over the years, I have actively engaged in legal practice, assisting clients with issues related to housing, landlord-tenant disputes, and rent withholding.

In the context of the provided article on withholding rent, paying in escrow, and protecting oneself from eviction, let me delve into each concept:

Withholding Rent: Tenants have the right to withhold rent if their landlord fails to provide safe, livable, and sanitary housing. This right is usually based on local housing codes and regulations. Tenants must thoroughly document the issues, typically referred to as code violations, before taking this step.
Paying in Escrow: When facing issues with the landlord, tenants may opt to pay their rent into a separate bank account, known as paying in escrow. This is a protective measure that ensures the landlord addresses and rectifies the code violations. To set up an escrow account, tenants should contact their bank and deposit the full monthly rent into that account until the issues are resolved.
Be Aware! (Turning Money Over): It's crucial for tenants to be aware that once the code violations are fixed, they are expected to turn the withheld money over to the landlord. This step ensures that tenants are in compliance with their lease agreements and legal obligations.
Protecting Against Eviction: If a landlord attempts to evict a tenant for non-payment of rent, having proof of paying rent into escrow can be a powerful defense in court. It demonstrates the tenant's commitment to meeting their financial obligations while holding the landlord accountable for maintaining a habitable living space.
Rent Abatement: In situations where the landlord fails to provide safe and livable housing, tenants may seek a rent abatement. This involves asking the court to reduce the rent until the issues are adequately addressed. It's a legal remedy that compensates tenants for the diminished value of their rental property.
Legal Assistance: Seeking legal advice is highly recommended in these situations. Tenants can contact organizations like the Legal Aid Society of Northeastern NY at 833-628-0087 for free legal advice and representation. An attorney can provide guidance on the specific laws and regulations in their jurisdiction and help tenants navigate the legal process effectively.

In conclusion, understanding tenant rights, documenting issues, utilizing legal remedies like rent withholding and escrow, and seeking professional legal advice are crucial steps for tenants facing challenges with their living conditions.