I'm dealing with a resident that sends information about needed repairs with the threat of... needs repaired ASAP or rent will go in escrow.

I know it's not a physical threat, but in my opinion it is a threat and the type of language that should not be tolerated. I just wanted others opinions if that is acceptable from a resident that Pays and does not destroy your property too bad. Yes they have done damage to the house. It has been rather minimal.

The threat of putting rent in escrow is given at the time any repair request is made. So this isn't coming from a history of not repairing something. Typically repairs are handled in as little as a day to a week and a half depending upon scheduling of contractors.

Jen tell us what OH law says or does it address it at all at the State or local level?

I don't know OH law but in NC there is no reason that the tenant can use to withhold rent.

I've actually never had a resident escrow rent. I am not an expert on the subject. I would however assume that was an option only if there was repeated requests to fix something and it was not fixed.

I'd lay the deal right on the table with this fool real quick.

Provided it isn't a habitability issue and you are proactive on everything. I'm making an assumption here that you are.

If I got a random text that said, "I need you to fix _____ or I'm putting the rent in escrow."

I'd let him know immediately that I'm not going to be held hostage by his empty threats and that if he is going to threaten escrow with rents, he better be darn well certain about what he can escrow for and what timeline has to be followed before he can escrow.

I would then follow up with saying that every request he has for service and repairs is automatically warranted a timeline for notice and repair on our end.

Then I would tell him that we resolve issue asap when we are informed of them. Emergencies take precedent over non emergencies.

Then I would follow up with this. "Joe, this is how it is for every resident. We do not give special treatment to ANY tenant over another. Sometime you'll be first on the list, sometimes you'll be last. But you will on the list. So, you can accept the way WE run our business or you can send us an official notice and you can move."

I have done this before in one form or another and it usually shuts them right up.

If it doesn't, then remind them that they can give notice and move.

End the conversation after that, cuz they may just want to argue. Which I won't do.

Its my way or the highway.

I know that you want to talk about the tenant's attitude, but there is a bigger issue lurking here:

Repairs have to be done promptly.

You need to show your tenant that you can be relied upon and that such threats are unnecessary. Maybe she had bad experiences with previous landlords. A good example may help to solve your problem.

In case she has already had one or more experiences with you when you did not do a repair promptly, well, that situation is hard to overcome.

After you have established a good record with her, try talking to her to point out how she has been able to rely on you, and she need not worry that repairs will be prompt.

After that, I myself would frankly not renew her lease.

Clarification. I have not had to do this for theat of escrow, but that is exactly how I would handle it. That type of response can work for a lot of issues. I have used it for similar things.

Ultimately RB is right.

In Ohio a resident can only place rent in escrow if the landlord has failed to fulfill obligations associated with the lease including repairs. That being said they have to give you a written letter dated with the demand to fix the issue. They also have to give you a reasonable amount of time to fix the issue. High priority issues need to be address quicker than non-habitability issues. Basically unless it is an emergency issue you have 30 days to fix the problem as with any 30 day notice situation.

Everything depends on your State Law and the rental agreement you have.

Generally, you must keep the house in acceptable condition. At the same time, your tenant can't blackmail you into unnecessary repairs, upgrades, and other demands.

If it happened to me while I knew I was right, I would give the tenant a 3 day notice and follow through the minute he/she fails to pay the rent on time.

Jen,

First, a properly prepared home should have few and minor repairs during a tenancy.

Second, the term “adequate” makes me nervous. All repairs should be done in 24-48 hours. Any longer is asking for complaints.

Stay on Control is two fold: control your actions and control the lease.

Make all repairs now.

Third, It’s time for the Happy Clause. This person is trouble. This will only get worse.

I request that tenants inform me of a problem ASAP. Either via E-mail, Text'ed Message or Voice Mail. All emergency's have to sent to my cell phone, other wise any other method is acceptable.

So one tenant had a non-working garbage disposer and the kitchen drain started to slow up. The tenant waited 6 days before telling my resident manager. In tern the manger then informed me 3 days later via an email.

This was an apartment building where I have a private two car garage where I store building materials and supplies. I also own with in blocks a duplex, triplex, 5 unit building and a shopping center. During the 9 days that my manager and tenant failed to inform me of the issue I was at that property 3 times.

So when I got a 911 message that my tenant is having out of town guests and they need a working kitchen sink, I blew my top. I wasn't going to spend 2 hours in rush hour traffic just because they were too lazy to inform me of the issue. So I told them I would be by within 24 hours, the next day around 12 PM.

This wasn't good enough so my manager called a plumber and had a new disposal installed. The old one was working just had to be cleaned out and reset. The bill was $450. The new disposal only cost around $65 and took 15 minutes to install.

So I sued my manger and tenant for costing me an extra $375 for nothing. Since the couldn't prove the notified me, no text message, phone calls or emails during those 9 days, I won the suit and did collect.

After that I sent a change of terms to all of my tenants making sure they let me know of issues of they may end up paying for the repairs themselves.

From what I gather from this post is this is not a habitability issue but more of a tenant being a tenant issue. I have this issue from time to time where I get a call or text and they try to hold the rent for ransom while they tell me a new problem which is nowhere near an emergency.

Fortunately NC does not allow a tenant to withhold rent unless:

The LL has approved it in writing or

"I've actually never had a resident escrow rent. I am not an expert on the subject."

You need to become an expert, or risk getting into trouble. It doesn't take long...simply Google search your state "land lord tenant statutes withhold rent repairs".

Missouri has a clearly policy on the exact steps a tenant must follow to withhold rent, and if they are not followed, the tenant will lose and be evicted. I sat thru a proceeding once where there was photographic evidence that a toilet was falling thru the floor of the bathroom, and you can imagine what the other pictures of the inside of the house looked like. The judge asked the tenant if she had followed the procedures required by the law before refusing to pay the rent. The tenant said, "No..." then tried to argue "that SOB sluml0rd should be thrown in jail..." blah blah blah...

Judge shut her down in about 5 seconds with, "You have to follow the proper procedure....I'm ruling for the defendant (land lord)...next case."

Land lord won, even though he was, indeed, a sluml0rd.

Know the law for your state, and know your judge.

I do not agree on just giving the tenant notice or the happy clause in this situation. Well, at least not at first. Sounds like they are testing the waters out which I have seen so many times. Just lay down the law, say rent is due on the _ and if not received eviction process will start. Then tell them the work order is in for the repairs.

I have a single page report outlining duties and responsibilities that is given out at our lease signing ceremony. Included in this report is the expectations for both parties.

to my ears, you are just being overly sensitive. If the tenant pays and takes care of the place, that little phrase wouldn't bother me at all.