By Lea Ramos | Programs Director - Mediation Services
Chris has owned a two-story house for years, renting out the top floor. He inherited the house about 10 years ago. During the first two years, he worked on fixing the house and turning the top floor into a separate apartment he could rent to help with his and the house's expenses. Maria, his tenant, moved in four years ago after finding work as a cleaner for a nearby company. She had moved back to the city after her divorce, and Chris's apartment was perfect for her—not too big, very close to her work, and in a safe area. For Chris, Maria was a good tenant. She was respectful and never made much noise. They would see each other often and occasionally talk about their jobs and neighborhood happenings. Both parties shared that during the pandemic, they helped each other by sharing groceries or simply keeping each other company by talking or chatting on the house's porch.
Over the years, Maria struggled to pay rent on time, but Chris was always flexible, allowing her to pay later without charging penalties. During the pandemic, Chris didn't receive any rent from Maria for 2 years; he patiently waited for rental assistance money to come in and let Maria stay in the apartment. Overall, their relationship was cordial and peaceful until five months ago, when Maria's hours at the cleaning agency were cut. Despite her best efforts, she fell behind on rent. At first, it was just one month, but soon the unpaid months started piling up. Eventually, Maria owed Chris five months of rent, and despite her numerous applications to additional housing assistance programs, none had come through. Chris decided to file an eviction case for the unpaid 5 months.
In mediation, Maria expressed that she couldn't understand why Chris filed the case without talking to her first. She thought their communication was good and receiving the court paperwork really took her by surprise. She explained to Chris that they could have talked about it and found a solution without involving the court. Chris shared with Maria that this time was different. He was feeling the pressure. He had lost his job 8 months ago, and at his age, finding new work was nearly impossible. The rent from Maria had been his only source of income, and without it, he was struggling to make ends meet. His savings had dwindled, his bills were stacking up, and the pressure was mounting. Though he empathized with Maria's struggles, his own financial situation was becoming increasingly dire.
Maria responded by saying, "I know I owe you so much, and I'm trying everything I can. I've applied to every program I can find, but nothing's come through yet." Chris told Maria that he understood but that he was in a very tough spot, and he either needed her to pay the past rent or move out so he could get new tenants in as soon as possible.
There was a long silence. Both knew the gravity of the situation, and both were feeling cornered by circumstances beyond their control. Then Maria told Chris that she understood he needed the rent but that at this time she couldn't agree to any sort of payment, so the best option for her was to move out of the apartment. Chris told Maria that if she was willing to move out, he wouldn't charge her for the back rent. He told her that he knew she had been trying, and he didn't want to continue with the court as long as they could agree on a move-out date.
Maria also explained to Chris that she didn't want the court case to keep going. She shared with him that she had already been looking at new places, but because the pending eviction case was showing on her record, no one wanted to have her as a tenant. She felt an urgency to end this case as soon as possible and not have that showing on her record. Chris didn't know how this was affecting Maria and offered to ask the judge to erase that from her record on their next court date as part of the agreement they were working on.
With this information, the mediator and parties began drafting an agreement. The parties mutually decided that Maria would move out within 45 days, allowing her time to find a new place and leave on good terms. Chris agreed not to ask for any back rent if Maria moved by the agreed-upon date.
Both parties were relieved that this agreement would benefit them both.
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