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Landlord/Tenant Questions
Answers
by Ted Kimball, Esq. Kimball, Tirey & St. John LLP
uestion: My tenant is refusing to participate in the Emergency Rental Assistance Program. I am owed 16 months of unpaid
uestion: Our tenant owes us back rent and is stating that he is probably going to file bankruptcy. We’ve been trying to work with
you may receive all or a portion of the back rent.
rent. Can I get government rental assistance without my tenant’s cooperation?
him but are getting nervous now. Do we lose all the back rent if he files bankruptcy?
Answer: Unfortunately, as the law is written, the tenant’s participation and cooperation is required in order for the landlord to obtain any rental assistance. The tenant, however, can receive 100% of eligible assistance with or without landlord cooperation.
Answer: It depends. If he files a Chapter 7, there is little hope. If he files a Chapter 13,
uestion: As a landlord, am I required to participate in the Emergency Rental Assistance Program (ERAP)?
uestion: There was a fire in one of our rental units due to a tenant’s candle. What is my obligation to provide alternate
Answer: Yes. Failure to participate in the ERAP program may subject you to a discrimination complaint based on the source of income protected class. Additionally, failure to participate in the program may also affect your ability to do an eviction or seek unpaid COVID rental debt in the courts.
accommodations for this tenant? Am I required to keep her as a renter?
Answer: You are not obligated to put the tenant up. You may have a right to evict her based upon waste of the unit, which requires a 3-day notice to quit.
Kimball, Tirey & St. John LLP is a full-service real estate law firm representing residential and commercial property owners and managers. This article is for general information purposes only. Laws may have changed since this article was published. Before acting, be sure to seek legal advice. For contact information, please visit our website. www. kts-law.com. © 2022 Kimball, Tirey and St. John LLP
AMM1/6 APARTMENT MANAGEMENT MAGAZINE - APRIL 2022 67