[WSBARP] Can LL refuse repayment plan?

Wed Mar 30 14:08:24 PDT 2022

I agree with Gwendolyn. I cannot see HOW these programs can force you to
agree to a total blanket protection for the tenant not to be evicted for 6
months. If there are behavioral problems, hopefully those are thoroughly
documented with proper notices being sent out so it doesn't appear to be a
"surprise" or the pay or vacate process used as an alternative method to
eviction for behavioral issues.

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On Wed, Mar 30, 2022 at 12:36 PM Gwendolyn Cornwell <Gwendolyn at glgmail.com>
wrote:

> 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
>
>
>
>
>
> p:   360.855.0131
>
> e:   timothy at stileslaw.com
>
> w:  www.stileslaw.com
>
>
>
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Thank you,

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