[WSBARP] Can LL refuse repayment plan?

Thu Mar 31 13:59:09 PDT 2022

Thank you Gwendolyn and Kaitlyn for your responses.

The rent assistance agreement requires the LL to:

  1.  Agree rent will not increase for at least six months
  2.  Agree not to terminate or refuse to renew the tenancy until after six months, unless 1) tenant violates material term of the lease, 2) tenants creates significant risk to health, safety, or property, ) or at least 90 days notice is provided to tenant of LL’s intent to sell or occupy.
  3.  Agree to return payment of funds if LL doesn’t fulfill terms of the agreement.

It does not explicitly state that you CAN or CANNOT evict within the six months for any other statutory reasons.

There are no specific violations or incidents that the LL can show why they want tenant out – just that tenant has be regularly late on payments, and otherwise is just not a “good” tenant – according to LL. I guess I don’t see how they can force a LL to accept funds and agree to the terms of the agreement if they just don’t want to. But I do see the availability of rental assistance coming up as a defense.

LL’s concern is rental assistance will cover a few months, when that runs out, tenant won’t pay. Now we start the whole process over again…

Timothy C. Lehr
Attorney at Law

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From: Kaitlyn Jackson <kaitlyn at dimensionlaw.com>
Sent: Wednesday, March 30, 2022 2:08 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Can LL refuse repayment plan?

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<mailto: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<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto: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<mailto: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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