[WSBARP] Can LL refuse repayment plan?

[Gwendolyn Cornwell]

I would check the rent assistance form to see if it allows eviction within the 6 months for specific reasons allowed by statute.  If it allows eviction for statutory reasons, it would likely be difficult to argue that your client acted in good faith when refusing to accept the payment.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Timothy Lehr
Sent: Wednesday, March 30, 2022 12:21 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] Can LL refuse repayment plan?

All,

14-Day Notice was served along with all the proper ERPP notices. Tenant went to Community Action and qualified for rent assistance. LL was emailed the usual rent assistance form, offering to pay back rent (1 month that was in arrears) and up through June, in return for LL not evicting for 6 months, etc., etc.

The history of problems with tenant results in LL just wanting tenant out. Assuming LL receives a certificate of completion from the ERPP, can LL just refuse/ignore the repayment plan and move forward with eviction? Would the tenant's potential defense that they had rent assistance ready and available cause any problems?

Thanks,

Timothy C. Lehr
Attorney at Law

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e:   timothy at stileslaw.com<mailto:timothy at stileslaw.com>
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