Page 67 - AAGLA-APR 2022

LANDLORD / TENANT LAW
Questions & Answers
With Kimball, Tirey & St. John
By Ted Kimball, Esq., Partner, Kimball, Tirey & St. John LLP Question: My tenant is refusing to participate in the Emergency Rental Assistance Pro-gram. I am owed 16 months of unpaid rent. Can I get government rental assistance without my tenant’s cooperation?
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 co-operation.
Question: As a landlord, am I required to participate in the Emergency Rental Assistance Program (ERAP)?
Answer: Yes. Failure to participate in the ERAP program may subject you to a discrim-ination 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.
Question: Our tenant owes us back rent and is stating that he is probably going to file bankruptcy. We’ve been trying to work with him but are getting nervous now. Do we lose all the back rent if he files bankruptcy?
Answer: It depends. If he files a Chapter 7, there is little hope. If he files a Chapter 13, you may receive all or a portion of the back rent.
Question: There was a fire in one of our rental units due to a tenant’s candle. What is my obligation to provide alternate 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.
Question: The tenants living in one of our apartments signed a one- year lease which states that there will be no pets allowed. They now have two cats in the apartment and are only in the second month of the lease. We served a 3-Day Notice to Per-form Covenant or Quit. They have chosen to leave. The rent for the entire month was paid. Are they entitled to the prorated amount of rent for the unused portion of the month?
Answer: No, they are liable for the remainder of the lease or up to the time you relet the premises, whichever occurs first. A landlord must act with due diligence to rent the unit to mitigate the damages.
Question: My tenants paid an extra deposit for a pet. They gave
APARTMENT AGE • APRIL 2022 67
Legal