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What is Rent Withholding for Renters?
All renters in the U.S. are granted certain rights under the landlord-tenant laws in each U.S. state. One right that can be present in some states is the rent withholding clause. Renters who are able to enact this clause could use this legislation to ensure that landlords comply to a written request for repairs or other preventive services.
When Rent Withholding Could Be Used
Each state has passed legislation that involves environmental codes that require properties to be in what is known as livable condition. Major or minor repairs that are required inside of a home to make these units livable could be included in state statutes for landlord-tenant laws.
Issues that involve structural problems, mold, radon gas or other serious repairs could be cause to withhold rent if property owners do not comply with a written request to fix these issues. Most serious issues are included in landlord-tenant laws and could be covered under state rent withholding legislation.
Common Rent Withholding Process
1. Written request made to property owner
2. Collect evidence of needed repairs
2. Wait 30 days for response
3. Rent may be withheld or deposited in escrow
State laws determine how rent can be withheld. Some states require rent monies to be deposited into an escrow account held by a third party. This ensures the lease agreement is still binding and rent payments are not missed. Some states require that a portion of the unpaid rent be paid to a landlord to help pay for repair expenses.
Renters who are considering withholding rent payments based on state legislation can find it helpful to view laws in their state and even seek legal advice. The withholding process can be complicated and could be a violation of a lease agreement in some situations. This area is part of the gray area of landlord-tenant laws although is one option for renters in the U.S.
Jacksonville, FL Homes for Rent
Rental homes are currently available using this JWB website online. The search tool located at the top of this page provides immediate access to the housing portfolio available. Every vacant home can be explored for monthly rent price and includes exact photos of each property available. Arranging a walk-through of any property can be arranged as well as the renter application process to obtain these homes by contacting the housing specialists here.
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