Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law
This answer was rated:

I think I have to escrow my rent to the court until a repair

Hi. I think I...
Hi. I think I have to escrow my rent to the court until a repair is done. How do i do that?
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Nevada
JA: Has any paperwork been filed?
Customer: I've given notice of witholding rent, I just need to know how to open the escrow at the court
JA: Anything else you want the lawyer to know before I connect you?
Customer: no that's all, thanks,
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 6 minutes by:
8/28/2017
ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 17,377
Experience: Licensed General Practice Attorney, Texas
Verified

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Here's the specific law:

NRS 118A.355  Failure of landlord to maintain dwelling unit in habitable condition.

5.  Justice courts shall establish by local rule a mechanism by which tenants may deposit rent withheld under paragraph (d) of subsection 1 into an escrow account maintained or approved by the court. A tenant does not have a defense to an eviction under paragraph (d) of subsection 1 unless the tenant has deposited the withheld rent into an escrow account pursuant to this subsection.

It needs to be in the local justice court, and each one maintains their own rules. For example, Las Vegas has the following rules:

Rule 44.  Rent deposits relating to claims of uninhabitability under NRS 118A.355.

(a) In an eviction action, if the tenant proceeds under NRS 118A.355 and raises a claim of uninhabitability relating to his dwelling unit, the tenant may not raise as a defense that the tenant is entitled to withhold rent under NRS 118A.355 unless the tenant deposits the withheld rent into an escrow account maintained by the Las Vegas Justice Court in accordance with this rule. The deposit(s) may be paid by cash, money order, debit card, MasterCard, or Visa. Deposits may not be paid by personal check.

(b) At the time that the tenant files an answer to the eviction action, the tenant must indicate in the answer that he has withheld rent pursuant to NRS 118A.355, and he must deposit the current accrued withheld rent with the Las Vegas Justice Court.

(c) If the tenant fails to make the deposit required by this rule, the tenant does not have a defense under NRS 118A.355.

(d) Prior to the hearing on an eviction action, a landlord may file a written opposition that explains why the tenant is not entitled to withhold rent pursuant to NRS 118A.355.

(e) When the eviction action proceeds to a hearing, the court may order:

(1) The withheld rent to be returned to the tenant;

(2) The withheld rent to be forwarded to the landlord; or

(3) Any distribution of the withheld rent that is just and equitable under the circumstances.

(f) If a tenant files a Motion to Stay or a Motion to Vacate, either before or after the issuance of an Order for Summary Eviction, and in lieu of an answer, the tenant must still make the deposit required by this rule in order to raise a defense under NRS 118A.355.

(g) A tenant may not withhold rent under NRS 118A.355:

(1) For a condition caused by his own deliberate or negligent act or omission or that of a member of his household or other person on the premises with his consent;

(2) If the landlord adequately remedies the failure or uses his best efforts to remedy the failure within 14 days after receipt of the notice required pursuant to NRS 118A.355;

(3) If the landlord’s inability to adequately remedy the uninhabitability issue or use his best efforts to remedy the failure within 14 days is due to the tenant’s refusal to allow lawful access to the dwelling unit as required by the rental agreement or by NRS Chapter 118; or

(4) If the tenant has not fully complied with NRS 118A.355.

(h) This rule does not apply to rent that is withheld under NRS 118A.380 for a landlord’s failure to supply essential services.

(i) As used in this section, unless the context otherwise requires:

(1) “Dwelling unit” has the meaning ascribed to it in NRS 118A.080.

(2) “Eviction action” means:

(A) A summary eviction action pursuant to NRS 40.253 or NRS 40.254; or

(B) A formal civil eviction pursuant to NRS 40.290 to 40.420, inclusive.

(3) “Uninhabitability” has the meaning ascribed to it in NRS 118A.290.

[Added; effective August 11, 2010.]

In short, you need to contact your nearest justice court and inquire about the local rules to withhold rent and deposit that rent into the escrow account. It's going to be the local justice court that handles the matter, and each one sets their own rules.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable.

Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Look for the stars on your screen (★★★★★). You may need to scroll left/right/up/down to see these stars, but note that the rating is what closes out this question, so it is necessary that you do so.

Thank you, ***** ***** luck to you!

ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 17,377
Experience: Licensed General Practice Attorney, Texas
Verified
ScottyMacESQ and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
Customer reply replied 3 months ago
I've already filed a claim of uninhabitability for non-essential items, giving him a 14-day window to make the repair or I will withhold rent. The window ends on Sept 10. However, rent is due tomorrow. I have not rec'd the registered letter receipt yet. Am I obligated to make the rent payment due tomorrow or can I withhold, even without proof of receipt (yet) and the 14 days haven't passed?

Yes you can go ahead and withhold as long as you deposit it into the escrow. There's a doctrine known as constructive receipt, meaning that it's assumed to have been received when sent, and for all practical purposes the judge will go easy on it if you sent that letter.

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
OK. I called the justice court, where the rent would be escrowed, and they said they can't open an account until there's a case number (i.e., eviction, etc.). Is there an alternate way to escrow it until a case is filed (which it will almost certainly be)?

You could always file a case against them for damages related to the issues. Then you have a case number, and can escrow the rent.

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
Is there an alternate way, like a trust company or something?

Ultimately whether that's acceptable to the court is up to the judge. The law only states the justice court.

Ask Your Own Real Estate Law Question
Customer reply replied 3 months ago
Urgh. OK, thanks.

You're welcome. I'm sorry I couldn't give you better news, but the law is what it is...

Ask Your Own Real Estate Law Question
Ask ScottyMacESQ Your Own Question
ScottyMacESQ
ScottyMacESQ
ScottyMacESQ, Lawyer
Category: Real Estate Law
Satisfied Customers: 17,377
17,377 Satisfied Customers
Experience: Licensed General Practice Attorney, Texas

ScottyMacESQ is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,052 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,763 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,532 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,918 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I have a dispute with my title/escrow company that closed my
I have a dispute with my title/escrow company that closed my home purchase, I want to file a small claims against them but need to know if I have a case or not, I need an attorney to review 4 letters/… read more
Ray
Ray
Lawyer
Doctoral Degree
7,532 satisfied customers
Can a seller provide an escrow account for a buyer to pay
Can a seller provide an escrow account for a buyer to pay for repairs after closing? … read more
LegalGems
LegalGems
Juris Doctorate
10,420 satisfied customers
I'm in escrow on a REO in Hawaii. This house foreclosed and
I'm in escrow on a REO in Hawaii. This house foreclosed and was bought by Mellon Bank of NY who is now selling it to me. There are liens on the property that they have known of since 2/17, but have no… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,629 satisfied customers
I am the sole renter on a rental agreement. My landlord has
I am the sole renter on a rental agreement. My landlord has given me permission (verbally) to have a room mate. my current room mate has become intolorable to deal with..claiming mutual space in home … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,774 satisfied customers
We were in escrow for more than 50 days, the buyers back out
We were in escrow for more than 50 days, the buyers back out and cancel the purchase. The buyer said because of loss of job and financial hardship. Is this a breach of contract based on the liquidated… read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
I am on a rental Agreement with my daughter. I have not been
I am on a rental Agreement with my daughter. I have not been living at the apartment, However, I pay the rent. She is bi-polar, and now on drugs. She is presently in a psychiatric unit. She was given … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
27,774 satisfied customers
If I go to an online site to print a rental agreement to
If I go to an online site to print a rental agreement to rent a room in my home, do I need to register it with the city or county for it to be valid and enforceable?… read more
Damien Bosco
Damien Bosco
3,160 satisfied customers
The house we are buying is in escrow and they had an $85,000
Second opinion] The house we are buying is in escrow and they had an $85,000 water damage. We still want the house.The sellers are doing everything they can to have us back out, which we are not doing… read more
Seattle Scott
Seattle Scott
Private practice attorney
993 satisfied customers
The house we are buying is in escrow and they had an $85,000
The house we are buying is in escrow and they had an $85,000 water damage. We still want the house.The sellers are doing everything they can to have us back out, which we are not doing. Now, they're s… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We have a situation where $6,500 in a Holdback by the escrow
We have a situation where $6,500 in a Holdback by the escrow company was established that required that the Buyers must write a letter of release of the Holdback funds when particular work was complet… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,996 satisfied customers
I have a tenant that signed a rental agreement, sub leasted
I have a tenant that signed a rental agreement, sub leasted the other side of her apartment, and both paid me rent for the apartment. This happened several times and finally she fell behind aprox a ye… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers
Is there case law involving escrow company and refinancing a
Is there case law involving escrow company and refinancing a home to a terminally ill client? … read more
Michael Bradley
Michael Bradley
JD
1,141 satisfied customers
Are there HUD restrictions on how much escrow a mortgage
Are there HUD restrictions on how much escrow a mortgage company can ask for? I found a rule under Additional Collections that says it can be no more than one-sixteenth of total annual requirements, b… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have a question about a rental agreement. I rent from my
Hello, I have a question about a rental agreement. I rent from my ex-brother in law and have for the past 17 years. I have never had a lease and now he wants me to sign one. The problem is with the le… read more
ScottyMacESQ
ScottyMacESQ
Lawyer
17,377 satisfied customers
I have no rental agreement how fast can I be evicted,
I have no rental agreement how fast can I be evicted … read more
KJL LAW
KJL LAW
Juris Doctorate
1,687 satisfied customers
I have a rental agreement with a property management company
I have a rental agreement with a property management company who represents the owner. The owner has contacted me saying they severed ties with property manager and i must enter into a new agreement w… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,145 satisfied customers
I need an expert escrow that can look at an escrow agreement
I need an expert escrow that can look at an escrow agreement and give me expert advice and has profession liability insurance for such advice … read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,629 satisfied customers
My son is listed as the tenant on his rental agreement, and
My son is listed as the tenant on his rental agreement, and he is the only one the signed it. Hi ex-girlfriend and her 4 kids are listed in the agreement, but she did not sign anywhere. CPS recently t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,052 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x