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Updated 8 months ago,
Tenant received DCA payment after arrears agreement
Wondering if anyone has faced this issue and can advise.
Recap:
Tenant didn't pay rent for a few months, and we ended up in court, agreeing to a 12 month arrears payment (per courts).
Today tenant received a DCA EPP Payment for 6 months into the future (May->Oct). This payment cannot be used for arrears.
The payment has a clause:
By accepting this payment, I acknowledge and accept the following terms:
- I am the property owner (or an authorized agent for the owner) of the above-referenced property and I am authorized to receive payments. I agree not to pursue eviction based on rent amounts reimbursed by these funds and agree to dismiss any pending eviction case that is based on or seeks to recover the reimbursed arrears. I may bring an eviction case in the future if the Applicant fails to pay future rent due after the funds of this award have been exhausted or if the award amounts do not cover all amounts due.
- I understand that These funds are to be used only for expenses that are not paid by other sources of financial assistance. I agree to repay any duplicative assistance as directed by the Agency.
- Nothing in this Agreement precludes the owner/agent from using any and all remedies available under law, including the institution of eviction proceedings against the Applicant, if the Applicant fails to pay any future rent due after the date of this award or otherwise violates the terms of tenancy.
I reached out to my lawyer, who told me rudely that he wasnt contracted to advise on this, and i offered to pay, but never heard back. Im not quite sure what to do next, but I did reach out to other lawyers, and hoping someone here can advise as well.