[WSBARP] Interesting Residential Landlord/Tenant Ren Assistance Issue

[Maxwell Glasson]

Interesting,

Here are my thoughts in an out of order way:

Any thoughts on what LL needs to do to document this so that they are protected from the possibility of allegations that LL acted improperly?

  *   I would have LL enter into a termination agreement with TT where LL accepts TT's offer of termination and surrender as of XX/XX/2022, that rent has been received through June, that LL accepts such rent as an early termination fee and releases TT from its obligations under the lease, and the date of the agreement shall be used to calculate the 21-day move-out accounting.

Can LL consider the lease terminated and re-rent the apartment?

  *   After the early lease termination agreement above, I think so.

Does LL have a duty to refund any of the proceeds received from the rental assistance program?

  *   I'd look at the wording of the agreement with the rental assistance program.  That said, if it is worded like the KCBA/HJP's Eviction Diversion and Mediation Program, I don't believe so.

If LL does have to refund the rental assistance proceeds, does LL have any obligation to refund the security deposit for any reason?

  *   Minus any deductions, I would err on the side of "yes".

Does LL have an obligation to refund the security deposit even if they do not have an obligation to refund the rental assistance proceeds?

  *   See above.

Regards,

Maxwell B. Glasson
Glasson Legal, PLLC
8 Boston Street, Suite 2                        Please note our new address.
Seattle, Washington, 98109
(206) 627-0528
max at glassonlegal.com<mailto:max at glassonlegal.com>
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of samuel at meylerlegal.com
Sent: Thursday, April 28, 2022 11:20 AM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com>; 'WSBA Probate & Trust Listserv' <wsbapt at lists.wsbarppt.com>
Subject: [WSBARP] Interesting Residential Landlord/Tenant Ren Assistance Issue

Listmates,

Somewhat of a strange situation here.  LL and TT have a one year lease that expires at the end of July of this year.  Apartment is located in the City of Seattle.  TT gets rent assistance.  LL receives rent through the Eviction Rent Assistance Program specifically covering the months of March, April, May and June of this year.  All is great!

Last week, TT sends email to LL saying: I have moved out of the apartment and moved back home.  Can I get my security deposit back?

July, the last month of the lease, is not covered by the Rent Payment Agreement.  LL did not, and has not, given notice or terminated the lease.  TT provided no advance notice.  TT simply abandoned the apartment even though they had another two-plus months of prepaid rent taken care of already.

Can LL consider the lease terminated and re-rent the apartment?  Does LL have a duty to refund any of the proceeds received from the rental assistance program?  If LL does have to refund the rental assistance proceeds, does LL have any obligation to refund the security deposit for any reason?  Does LL have an obligation to refund the security deposit even if they do not have an obligation to refund the rental assistance proceeds?  Any thoughts on what LL needs to do to document this so that they are protected from the possibility of allegations that LL acted improperly?

Thanks for your thoughts!

Sam


Samuel M. Meyler
Meyler Legal, PLLC
1700 Westlake Ave. N., Ste. 200
Seattle, Washington 98109
Tel:  206.876.7770
Fax:  206.876.7771
Email:  samuel at meylerlegal.com<mailto:samuel at meylerlegal.com>

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