[WSBARP] Landlords, Mutual Agreements to Terminate, and COVID Relief Funds

[Brian Andrews]

Good afternoon, colleagues.

I have two questions related to a landlord's receipt of COVID relief or mitigation funds (which I think are interchangeable concepts for my present purpose):

Scenario 1:          Landlord accepts funds to pay past-due rent from the eviction moratorium period (March 2020 thru December 31 2021). By contract with the organization/agency disbursing the funds, Landlord agrees not to evict Tenant for any reason but for cause for at least 6 months prior to receipt of funds. Can Landlord and Tenant still negotiate a mutual termination of lease agreement after Landlord receives those funds? If generally yes, can Landlord seek to initiate negotiations related to any such mutual termination?

Scenario 2:          Tenant owes unpaid rent and applies for some sort of COVID assistance. Strings are attached to COVID assistance funds. Landlord does not wish to accept the rent money from that organization, because of the strings. If Landlord declines to accept those funds, can Landlord proceed with an action in unlawful detainer for unpaid rent?

Thanks ahead of time for your insight. This list is so helpful!

Brian H. Andrews, Attorney at Law
brian at hawklaw.biz<mailto:brian at hawklaw.biz>
Hawkins Law, PLLC
Phone 509-529-5175 / Fax 509-529-2564
2225 Isaacs, Suite A/ Walla Walla, WA 99362

Visit our website at hawklaw.biz<http://www.hawklaw.biz/>.

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