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Q.What should a tenant do with any rent withheld?
A.If a tenant avails him- or herself of the rent withholding remedy, the tenant should save the withheld rent in an escrow account at the bank with the expectation that it will at some point have to be turned over to the landlord. The tenant should then send the landlord a certified letter notifying the landlord in writing that only a portion of the rent is being paid, that a portion of the rent is being withheld and has been placed in an escrow account, and explain why.
Although an escrow account is not required, it is strongly recommended because it shows the court that: (1) the tenant was in fact able to pay the rent; (2) the tenant intended to pay the rent in full if the landlord made the necessary repairs; and (3) the funds are immediately available to the landlord in the event the court determines that the tenant overestimated the percentage of rent withheld.
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