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

[Brian Andrews]

Okay, one last question on this thread, and the horse will officially be beaten to death.

If Landlord signs a Rental Assistance Program contracts that states that Landlord Agrees to not terminate or refuse to renew the tenancy until six months after receipt of funds, then I read that to mean that landlord would be barred from entering into any mutual agreement to terminate the lease with tenant. Do you agree?

This seems obvious to me. The only issue I can see is "where does that leave tenant who wants to voluntarily terminate before the end of the six-month or year lease?" Can landlord not agree to allow tenant to terminate the leasehold? That doesn't seem right to me.

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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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Athena Dickerson
Sent: Wednesday, January 26, 2022 2:52 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Landlords, Mutual Agreements to Terminate, and COVID Relief Funds

I went down this path and can attest that commissioner seem beyond hesitant to allow an eviction to move forward if the assistance covered the whole balance and the only issue was the additional conditions imposed.   Especially if the assistance is a larger number, which in my case it was.   In this case, my LL client decided just to take the funds with the string attached and move forward in 6 months if the tenant is behind again.

Athena Makratzakis Dickerson
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Maxwell Glasson
Sent: Wednesday, January 26, 2022 2:46 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Landlords, Mutual Agreements to Terminate, and COVID Relief Funds

In that case I would argue that the additional conditions should be stricken if equity dictates taking the funds.  If you go down that path, let me know how it goes!

Maxwell B. Glasson
Glasson Legal, PLLC
2212 Queen Anne Ave. N, #659
Seattle, Washington, 98109
206-627-0528
max at glassonlegal.com<mailto:max at glassonlegal.com>
www.glassonlegal.com<http://www.glassonlegal.com/>
WA# 51948  NV# 13339  CA# 292356
THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY NOTIFY US AND DELETE THE ORIGINAL MESSAGE.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Brian Andrews
Sent: Wednesday, January 26, 2022 2:30 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Landlords, Mutual Agreements to Terminate, and COVID Relief Funds

Thank you for the speedy response! Permit me a follow-up question for clarification re Scenario 2:

Understood and Agreed that a landlord is not obliged to accept funds with strings attached. The issue I am concerned about is where a landlord has refused such funds - because LL is unwilling to sign onto the contractual conditions - and then moves for eviction. In a small town like Walla Walla, at least, it is very possible that no other source of funds will be available. I am concerned that a court would be sympathetic to a tenant who argues they offered payment and LL refused it. It seems like that could well be a concern on equitable or public policy grounds.

I would love for you to tell me that I'm being over-cautious.

Thanks again!

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/>.

This email is intended only for the named recipient(s) or their designees, and may contain legally privileged or confidential information.  If you have received this email in error, please delete it entirely from your computer and notify the sender.  Thank you.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Maxwell Glasson
Sent: Wednesday, January 26, 2022 1:37 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: Re: [WSBARP] Landlords, Mutual Agreements to Terminate, and COVID Relief Funds

Hi Brian:

Scenario 1:  It would depend on the wording of the agreement with the agency/organization.  That said, a mutual termination would not be an "eviction" and I see no issue with proposing one.

Scenario 2:  A landlord is not obligated to accept assistance funds that have extra strings, even if the tenant used such funds to "restore the tenancy" after an eviction has started under RCW 59.18.410(2).  The statue specifically states that: "[b]y accepting such pledge of emergency rental assistance, the landlord is not required to enter into any additional conditions not related to the provision of necessary payment information and documentation.

Regards,

Maxwell B. Glasson
Glasson Legal, PLLC
2212 Queen Anne Ave. N, #659
Seattle, Washington, 98109
206-627-0528
max at glassonlegal.com<mailto:max at glassonlegal.com>
www.glassonlegal.com<http://www.glassonlegal.com/>
WA# 51948  NV# 13339  CA# 292356
THE INFORMATION CONTAINED IN THIS TRANSMISSION IS CONFIDENTIAL AND MAY BE ATTORNEY-CLIENT PRIVILEGED. THE INFORMATION IS INTENDED ONLY FOR THE USE OF THE INDIVIDUAL TO WHOM OR THE ENTITY TO WHICH IT IS ADDRESSED. IF YOU ARE NOT THE INTENDED RECIPIENT, OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING IT TO THE INTENDED RECIPIENT, YOU ARE HEREBY NOTIFIED THAT ANY USE, DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS IN ERROR, PLEASE IMMEDIATELY NOTIFY US AND DELETE THE ORIGINAL MESSAGE.

From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Brian Andrews
Sent: Wednesday, January 26, 2022 1:20 PM
To: wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Landlords, Mutual Agreements to Terminate, and COVID Relief Funds

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/>.

This email is intended only for the named recipient(s) or their designees, and may contain legally privileged or confidential information.  If you have received this email in error, please delete it entirely from your computer and notify the sender.  Thank you.

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