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Setting up an escrow account

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Steffenfield

Junior Member
Lansing, MI 48906

Heya everyone.

I've been miserable ever since a new landlord purchased my home over two years ago.

It's a split house and I live on the first floor.

In short, this new guy is a total slumlord.

I would like to set up an escrow account by the first of next month.

Here are some of the conditions I would like to see before he collects rent from me again.

It's a one bedroom apartment above me and there's 5 people living there, including pets.

He promised me no families and zero tolerance with additional people that are not on the lease.

He promised to change the locks on the doors. My front door doesn't even lock.

Promised to fix my back door.

Promised to put siding on the house.

Promised to repair the collapsed chimney.

Promised to fix my broken shower, there's no cold water and the entire system needs to be replaced according to a plumber.

Promised to return my house keys he borrowed.

Promised keys to the laundry room.

I would like the broken doorbell fixed.

Honestly, I would like the water tested here since mold has become a problem.

The property has trash almost everywhere, including siding from my neighbor's house in the back yard, along with a bed, and even a grave.

He immediately jumped my rent by 25% because the home needed certain repairs but nothing has been done now for two full years.

He also promised to lower my rent after finding out that I am responsible for the utilities to the entire home.

My packaged mail is constantly being stolen and I've complained many times on this yet nothing is addressed.

When I complain about the noise level above me, nothing gets done on this as well.

Every month it's the same empty promises when rent is due and this has been going on for two years.

So how can I put all of my requests into some sort of legal form?

How can I put rent money into an escrow account so he doesn't get it until he finally starts taking some responsibility?

I would very much like an agency to help me since I tend not to stand up on my own all too well.

Thanks for reading.

Thanks ahead to whomever responds.

Happy holidays.
 


reenzz

Member
Only a judge can determine if your able to set up an escrow,account...





What is rent escrow? Can a tenant withhold rent.

Reasons Tenant May Withhold Rent (Rent Escrow)

At times, tenants may not pay their rent because the landlord has not, or allegedly has not, maintained the premises in a “livable condition.” Livable condition is often interrupted to mean: premises that have outstanding code violations that have not been cured and/or outstanding repairs that a tenant claims have not be made. When tenants do not pay the rent, they will often tell the landlord they have put the rent in “escrow”. However, only a judge can “approve” of rent being placed in escrow. See Escrow Orders below.


Three Requirements for Withholding Rent

Before the tenant can properly withhold rent, three (3) requirements must be met:

1. the lack of maintenance or repair has made the premises unlivable (or not maintained in good repair);
2. the problems were not caused by the tenant or their guest, either deliberately or through neglect;
3. and the landlord has been told about the problem and has not fixed it within a reasonable time or the minimum amount required by state or local law.

Escrow Orders

A judge may order or allow the tenant to place rent into escrow if:

a trial is adjourned more than seven (7) days;
and the plaintiff (landlord) shows a clear need for protection.
If the judge orders/allows the rent to be placed in escrow, the defendant must pay a “reasonable rent” for the premises from the date the escrow order is entered, including a pro rata amount per day between the date of the order and the next date rent ordinarily would be due. In other words: The tenant must place all past due rent into escrow and begin making current and future rent payments into escrow until a final judgment is entered into.
The tenant must pay the initial amount into escrow within seven (7) days of the order and must pay any future payments into escrow within seven (7) days of the date when rent would normally be due.
The landlord/plaintiff cannot interfere with the obligation of the tenant/defendant to comply with the escrow order.

What if the Tenant Doesn’t Comply with an Escrow Order?

If the tenant does not comply with the order, the tenant waives the right to a jury trial only as to the possession issue, and the landlord is entitled to an immediate trial within 14 days which may be by jury if a party requests it and if, in the court’s discretion, the court’s schedule permits it. The 14-day limit need not be rigidly adhered to if the landlord is responsible for a delay.


Disbursement of Escrow Funds: Who, Why and When

Only the court may order the disbursement of money collected under an escrow order. The following three things will be taken into account:

The court must consider the tenant’s defenses.
If trial was postponed to permit the premises to be repaired, the court may condition disbursement by requiring that the repairs be completed by a certain time.
Otherwise, the court may condition disbursement as justice requires.
Source: Michigan Court Rules
Subchapter 4.2 Landlord-Tenant Proceedings; Land Contract Forfeiture
Interim Orders – Sub Rule (H)(2)(a-b)
 

Steffenfield

Junior Member
I've been living here for over 5 years.

I always have rent money when it is due.

I like this judge idea.

He needs to face up to someone other than myself since I have no backbone and I can't get angry with someone in person.

Can I honestly hold him to every verbal promise he broke with me?

Oh, and where can I begin on this process please.
 

reenzz

Member
I've been living here for over 5 years.

I always have rent money when it is due.

I like this judge idea.

He needs to face up to someone other than myself since I have no backbone and I can't get angry with someone in person.

Can I honestly hold him to every verbal promise he broke with me?

Oh, and where can I begin on this process please.
How to you plan on proving any of his "promises"?
 

not2cleverRed

Obvious Observer
Perhaps OP should become familiar with Lansing's Office of Code Compliance and the Inspection Portal, since some of the bigger issues would seem to be covered by this.

Rather than focusing on personal verbal agreements, focus on whether the property is in compliance with municipal requirements for rentals. (Especially since, if you can't handle one-on-one, you're probably not going to present your side any more convincingly to a judge.)
 

Steffenfield

Junior Member
Yeah.

I'm no good talking on my own.

Every conversation I have with my new landlord ends with me saying for God to bless him. I can't seem to get angry like I should.

I didn't even mention all of my complaints.

Like when a crew came here to do something on the mold issue, which had me homeless for awhile, more than what was promised, and I had over $2,500 in stolen property.

Or when I caught the maintenance guy in my kitchen, without a text or phone call.

It's so creepy being here now.

I used to have a white tenant upstairs who was getting his degree in law.

It's all black people now and I heard gunshots next door not too long ago.

And yes, my new owner is black as well.

I live just a few blocks from a great college but it's all going ghetto for some reason.

It feels like an infestation.

I've rifled the internet and know that I should be able to complain over a simple crack in paint on the wall.

I have cracks everywhere, from the floor to the ceiling, probably because of the overload of people upstairs.

I need a phone number, or a link on how to start resolving this please.

I'll even pay for someone to help me here.

I don't know what to do and I feel helpless.

Thanks again for reading this.
 

not2cleverRed

Obvious Observer
Again, some of your problems are violations of city code. Contact the Lansing Office of Code Compliance. http://www.lansingmi.gov/codecom
 
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