What is Rent Escrow?

Notice of Defect
Notice of Elevated Blood Level
What is a Qualified Offer?
What is Rent Escrow?
Lead Inspection Certificate (MD)

WHAT IS RENT ESCROW? 

Rent Escrow is the legal process by which you ask the local District Court (Rent Court) to allow you to pay your rent into a District Court escrow account instead of to your Landlord. That does not mean that you can simply withhold your rent! It is used when you have notified your Landlord (see Notice of Defect) of defects in your rental home that seriously threaten the health and safety of your family, but the Landlord has failed to correct the problem. The law does not cover repairs which are only cosmetic. It only covers dangerous defects such as:

• chipping, peeling or flaking paint
• no electricity
• rodents
• no hot or cold water
• faulty plumbing
• no heat
• leaky roof or ceiling

Rent Escrow can be a very effective way to get your Landlord to make necessary repairs because it denies your Landlord access to rent money until the repairs are made. It also will protect your rights as a tenant more then withholding rent without a court order.

WHO CAN FILE A RENT ESCROW COMPLAINT?

Anyone can file “A Petition in Action for Rent Escrow.” Preprinted forms are available at the District Court and it costs between $5.00 and $10.00 to file a Petition.  You do not need a lawyer to file the complaint or to go to District Court (Rent Court) with you.   You can also request Rent Escrow if you are defending yourself in court against a “Complaint For Failure to Pay Rent” that your Landlord has filed against you.

HOW DO I USE RENT ESCROW TO REDUCE LEAD POISONING HAZARDS?

In order for the Court to set up rent escrow to repair lead hazards, you must meet ALL of the following conditions:

1. You have a written or oral lease with your Landlord for a rental home built before 1950;

2. There is chipping or peeling paint in your rental home;

3. You have informed your Landlord in writing  about the chipping, peeling paint by sending a Notice of Defect

4. A reasonable amount of time (30) days has passed and your Landlord has failed to repair the chipping, peeling paint and has not performed lead risk reduction treatments;

5. Once the court sets a date for the initial hearing; it is your responsibility to call the necessary inspector if instructed to by the court. Even if a housing code or health department inspector has already been through your home, you still need to call any inspector required by the court;

6. Bring any back rent that you owe with you to the first court hearing

WHAT DEFENSES MIGHT MY LANDLORD RAISE?

There are several defenses your Landlord may raise to your Rent Escrow Complaint, such as:

• You never gave him Notice of the dangerous or defective conditions
• You have not given the Landlord 30 days to do the risk reduction treatments.
• You have refused the certified workers or the Landlord (if s/he is certified to do risk reduction) entry into your rental home to do the lead risk reduction treatments.

WHAT MIGHT HAPPEN WHEN I GO TO COURT?

When you go to District Court (Rent Court), the Judge may:

• Approve the Rent Escrow and order that you pay your rent into the court escrow account instead of to your Landlord
• Decrease the amount of rent owed until the risk reduction takes place (rent abatement)
• Order your Landlord to perform lead hazard treatments (called Risk Reduction treatments) to your home to repair chipping, peeling paint.
• Order your Landlord to repair other dangerous and defective conditions.
• Order that the lease be terminated.

WHAT IF MY LANDLORD STARTS REPAIRS BUT DOESN’T USE CERTIFIED LEAD
WORKERS?

It is extremely important that all repairs are done using certified workers. Certified workers have special training in lead safe work practices. If unqualified workers are used, they can make a dangerous condition even worse. Call the Maryland Department of the Environment to report unsafe work practices at (410) 537-3825. You can find a list of certified inspectors and contractors here.

For information on using Rent Escrow to protect your family from lead hazards, call the Coalition To End Childhood Lead Poisoning @ 410-534-6447 or 800-370-LEAD or email intake@leadsafe.org.