Eviction / ERAP Program
Have had our current tenant occupying our property for a bit over a year now. For the first year the tenant was utilizing the United Neighborhood Program for 12 Months of Rent (they paid us each month, like clock work).
We prefaced to the tenant that they should be prepared to pay once the program was done a few months prior to it ending. Not much communication from them / and then they relayed they would be applying for ERAP (Emergency Rental Assistance Program). No problem, we wanted to help them as much as we could / ensure they have a safe and comfortable place to live.
It has been weeks and weeks with non payment (we’ve also been in contract with ERAP…’it’s coming‘, was all we heard). Finally we hear that the program has halted funding, and it leaves us no choice but to evict the tenant.
We will be filing tomorrow/ I’ll keep everyone updated on the progress.
Please feel free to reach out with questions.
* It is never our intention as landlords for this to happen / we provide as much assistance as we can (working with these programs, sending job openings locally, etc)..however, this tenant has chosen not to help themself.
I don't really see a question, here.
Yes, by all means - evict. Although, depending on your jurisdiction and your tenants' application status with ERAP, the eviction may be stayed. Consult a local L/T attorney ASAP.
There was a reasonable chance of you arriving at this outcome, given your tenants did not have the financial means to live in your rental unit from the very onset.
Hi Wesley.
No question, just planning on keeping those who have never gone through the process up to date.
Forums are great place for ideas and where various opinions can be shared. Not every post needs to be a question.
But yes, definitely makes us rethink our vetting process moving forward although we’ve used these assistance programs in the past with much success.
Thanks for the reply!
Quote from @Jeremy Watson:
Sounds like you're doing the right thing.
My only suggestion: when a tenant is living off of welfare for an entire year, terminate at the end of that year or require the tenant to make partial payments along the way to build up a buffer. For example, you could require them to pay $100 a month to build up a reserve of $1,200. That gives you additional protection while they apply for their next government teat . . . I mean, assistance program.
Hi Nathan.
Absolutely. Love that approach and will definitely utilize moving forward if we run into this again.
Thank you!
Quote from @Jeremy Watson:Just to save you a lot of grief I thought I would let you know that most courts will not evict for non payment of rent with an ERAP application pending. The courts hands are tied. Once you have accepted it then you will probably have to wait to get your money. You state that they applied for ERAP and were told it was pending then you later state that you found out the program was halted. Was it the ERAP people who told you the money was coming or was it the tenant? ERAP calls for the landlord to file as well and if you have not received any paperwork from ERAP chances are your tenant was pulling your leg. You will have to prove to the court that no ERAP case is pending because that is going to be your tenants defense and you will need something in writing or your case will be continued with delay after delay until you do. Good luck. You're going to need it.
Have had our current tenant occupying our property for a bit over a year now. For the first year the tenant was utilizing the United Neighborhood Program for 12 Months of Rent (they paid us each month, like clock work).
We prefaced to the tenant that they should be prepared to pay once the program was done a few months prior to it ending. Not much communication from them / and then they relayed they would be applying for ERAP (Emergency Rental Assistance Program). No problem, we wanted to help them as much as we could / ensure they have a safe and comfortable place to live.
It has been weeks and weeks with non payment (we’ve also been in contract with ERAP…’it’s coming‘, was all we heard). Finally we hear that the program has halted funding, and it leaves us no choice but to evict the tenant.
We will be filing tomorrow/ I’ll keep everyone updated on the progress.
Please feel free to reach out with questions.
* It is never our intention as landlords for this to happen / we provide as much assistance as we can (working with these programs, sending job openings locally, etc)..however, this tenant has chosen not to help themself.
No luck needed. Had the hearing yesterday and tenant has been evicted. Thanks though.