Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here

Join Over 3 Million Real Estate Investors

Create a free BiggerPockets account to comment, participate, and connect with over 3 million real estate investors.
Use your real name
By signing up, you indicate that you agree to the BiggerPockets Terms & Conditions.
The community here is like my own little personal real estate army that I can depend upon to help me through ANY problems I come across.
General Landlording & Rental Properties
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

Updated 8 months ago,

Account Closed
0
Votes |
1
Posts

Tenant received DCA payment after arrears agreement

Account Closed
Posted

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:

  1. 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.
  2. 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.
  3. 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.