Abstract
Rent is the key obligation for tenants in a landlord-tenant relationship. What happens when the obligation to pay rent is challenged by the tenant due to the landlord's failure to meet their own obligations in that relationship? In that respect, can a tenant withhold rent (escrow their rent) legally under the law and force a judicial determination on not just the rent payments but the landlord's failures? Using a 1968 case known as Bell v. Tsintolas as a starting point, this article examines the concept of rent escrow, its evolution, and the various forms it takes in landlord-tenant relationships. This article also considers the advantages and disadvantages of rent escrow to tenants and considers the best path forward for rent escrow in successful and more equitable landlord-tenant relationships.
Recommended Citation
Brian G. Gilmore,
For Whom “Bell” Tolls: Rent Escrow, Withholdings, Strikes, and Landlord-Tenant Reform,
46
S. Ill. U. L.J.
243
(2022).
Available at:
https://opensiuc.lib.siu.edu/siulj/vol46/iss2/2