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(News.com.au)   Landlord sues for unpaid rent after tenant dies, tells judge "A tenant has died. Is that my problem?"   (news.com.au) divider line 96
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10942 clicks; posted to Main » on 24 Jan 2008 at 11:08 AM (6 years ago)   |  Favorite    |   share:  Share on Twitter share via Email Share on Facebook   more»



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2008-01-24 11:06:36 AM
So? I guess she'd cry about having to pay off his mortgage, too. And his car loan. "OHHHHH!!! He died..... doesn't that mean I get a free ride????"
 
2008-01-24 11:12:46 AM
But did the tenant have a working oven?
 
2008-01-24 11:14:02 AM
$600 or $6,000?

What a well written article.

/sarcasm off
 
2008-01-24 11:16:20 AM
Dude just looks like a a$$hole
 
2008-01-24 11:16:50 AM
I hope nobody has to take out a loan to pay for my funeral. It's not like I'll care.



real shaman: So? I guess she'd cry about having to pay off his mortgage, too. And his car loan. "OHHHHH!!! He died..... doesn't that mean I get a free ride????"

Can a creditor go after the children of someone who leaves no estate? I know they can sue the estate, but it sounds like this guy didn't have any assets, or any life insurance.

She didn't live with him, she cleaned the place after he died. She should get the dead guy's security deposit back.
 
2008-01-24 11:17:03 AM
TFA: He considered abandoning his claim out of compassion, but decided to proceed.

"I've thought about that," he said. "But would you?"

Mr Lee, who owns two homes in Traralgon, said he was still paying off the mortgages on his properties.

He said he had advertised for new tenants in the Bennett Court home, but had had no takers.


I'm shocked - shocked - that this class act of a landlord hasn't had anyone interested in renting the property.
 
2008-01-24 11:17:58 AM
A non-story. And you can bet some local news channels will dredge this up for February sweeps.
 
2008-01-24 11:18:23 AM
Some years ago, a friend of mine had cancer and wanted break his lease to move back with his parents to be better able to try to get rid of his illness, and his asshole landlord told him something like "to break this lease, you can either wait til it ends or til you die."

/RIP, Paul.
 
2008-01-24 11:18:33 AM
If you ever say "I missed the part where that's my problem.", be prepared to have your Uncle shot for his car.
 
2008-01-24 11:19:17 AM
The dad's estate owes that money, not the daughter, so I don't see what she's all worked up about.
 
2008-01-24 11:19:40 AM
While the wording is harsh, the guy doesn't own property out of the goodness of his heart. It's a business. With a contract attached. It's unfortunate, but it's business.
 
2008-01-24 11:19:46 AM
TFA: He considered abandoning his claim out of compassion, but decided to proceed.

"I've thought about that," he said. "But would you?"


Yes. Without even a half-moment of hesitation, yes. It's not all _that_ hard to attract tenants if you're not a slumlord.
 
2008-01-24 11:20:22 AM
Tentacle: Some years ago, a friend of mine had cancer and wanted break his lease to move back with his parents to be better able to try to get rid of his illness, and his asshole landlord told him something like "to break this lease, you can either wait til it ends or til you die."

/RIP, Paul.

Wow. I'm sorry about your friend. That's just awful - I hope karma took care of the landlord.
 
2008-01-24 11:21:15 AM
MooseUpNorth: TFA: He considered abandoning his claim out of compassion, but decided to proceed.

"I've thought about that," he said. "But would you?"

Yes. Without even a half-moment of hesitation, yes. It's not all _that_ hard to attract tenants if you're not a slumlord.


You can tell this guy is such a major asshole he assumes everyone else just acts the same way.
 
2008-01-24 11:22:05 AM
RadiantAerynSun: While the wording is harsh, the guy doesn't own property out of the goodness of his heart. It's a business. With a contract attached. It's unfortunate, but it's business.

That may be, but since he's been unable to rent the place since the story came out, it looks like he's going to be losing money on his investment because he'll still have to pay the mortgage. Being an asshole is rarely a good or profitable business decision.
 
2008-01-24 11:22:48 AM
I own 8 rental properties at this time. If one of my tenants passed away there is no way I would pull crap like this.
 
2008-01-24 11:24:24 AM
Asshole extraordinaire.
 
2008-01-24 11:24:40 AM
I would raise the rent. The stink of dead guy is a real selling point.
 
2008-01-24 11:26:31 AM
When you die, your estate pays your remaining debts.
It's as easy as that.

/Have done the executor thing.
//It's simple, pool remaining assets, pay off creditors and taxes.
///Distribute remainder to heirs, let them worry about their taxes.
 
2008-01-24 11:26:43 AM
i190.photobucket.com

If there were only some kind of insurance that a landlord could buy to protect enrich him in case his money-biatch stops producing.
 
2008-01-24 11:27:51 AM
RadiantAerynSun: It's unfortunate, but it's business.

The business of providing people a place to live.
 
2008-01-24 11:28:21 AM
It means the law holds grieving relatives liable for a landlord's lost rent.

So debts can be passed on in Australia?
 
2008-01-24 11:29:26 AM
beirmaster: I own 8 rental properties at this time. If one of my tenants passed away there is no way I would pull crap like this.

Can I rent one of them? I'm sick of my landlord being a complete douchebag and would love to find a new place...

[checks profile]

Aw, California. Too bad. :( (Although it would be awesome to get out of this farking COLD for a while...)
 
2008-01-24 11:29:41 AM
PirateKing: I hope nobody has to take out a loan to pay for my funeral. It's not like I'll care.



real shaman: So? I guess she'd cry about having to pay off his mortgage, too. And his car loan. "OHHHHH!!! He died..... doesn't that mean I get a free ride????"

Can a creditor go after the children of someone who leaves no estate? I know they can sue the estate, but it sounds like this guy didn't have any assets, or any life insurance.

She didn't live with him, she cleaned the place after he died. She should get the dead guy's security deposit back.


Most estates can be settled rather quickly and once that has happened, good luck attempting to sue.

The creditor cannot go after family, only the estate, (unless of course the family was a cosigner on whatever loan).
 
2008-01-24 11:31:35 AM
Let's look at this carefully.
Typically, the landlord has a deposit of 1 months rent.
The Tenant pays at the beginning of the month.

Assume the tenant dies on the 30th of the month, then there is still a 30 surplus in payment.

How about instead of biatching, you get off your ass, and actually help the grieving family clear out the apartment quickly. Put it on the market, and get it rented.

Oh, if your business model depends on 100% occupancy at all times, you're going under soon anyways. The reality is that apartments go vacant from time to time. Tenants lose there jobs and might fall behind a couple of months (most will catch up) You need a contingency to weather these storms.
 
2008-01-24 11:33:50 AM
I own a business and you would NOT believe the crap that is in a commercial lease. 34 pages, all stating that I will pay, no matter what.
 
2008-01-24 11:34:14 AM
RadiantAerynSun: While the wording is harsh, the guy doesn't own property out of the goodness of his heart. It's a business. With a contract attached. It's unfortunate, but it's business.

^That, mostly.

I mean, I do see where the landlord is coming from regarding the remuneration he's entitled to under the contract. That's not what makes him an asshole. What does make him an asshole is having the balls to say "A tenant has died. Is that my problem?" You can figure out a lot about someone's personality based on statements like that.

It seems like a better thing to say would be "I'm terribly sorry for the family's loss, and I'm sorry to have to put them through a legal proceeding like this, but the fact is that due to this situation I have lost money that I am contractually entitled to" etc. etc.
 
2008-01-24 11:36:42 AM
I've had experience with this. Mom died and the estate was bankrupt. We offered the security deposit which was 2 months rent and then terminating the lease which had 4 months left.

Threatening letters back and forth followed by having to hire a lawyer. They ending up 'settling' for the deposit, our original offer. Trying to grieve while being threatened with lawsuits is so much fun.

The only silver lining was at the end of the day the lawyer said 'No charge, that guy was an asshole.' Nice to see they're still some decent people out there.
 
2008-01-24 11:37:22 AM
beirmaster: I own 8 rental properties at this time. If one of my tenants passed away there is no way I would pull crap like this.

Really, would you? What if the relatives dragged their feet and you were not able to even show it to rent? What if the tenant had left the apartment damaged? What if the tenant owed you back rent?

I have owned rental property and I have worked with tenants to let things slide. I would likely just let $600 go by. But if I was poised to lose more or if there was other money owed on the unit, you can bet your ass I would be going after the estate.
 
2008-01-24 11:37:30 AM
Tentacle: Some years ago, a friend of mine had cancer and wanted break his lease to move back with his parents to be better able to try to get rid of his illness, and his asshole landlord told him something like "to break this lease, you can either wait til it ends or til you die."

What a monumental douche. It seems like it would be hard to recover rent if all your units mysteriously burned to the ground. Not that I am recommending that or anything. But that sure would be some great karmic justice.
 
2008-01-24 11:38:28 AM
You know the amount he's probably suing for is probably only around a thousand bucks.
 
2008-01-24 11:38:44 AM
udontnome: I've had experience with this. Mom died and the estate was bankrupt. We offered the security deposit which was 2 months rent and then terminating the lease which had 4 months left.

Threatening letters back and forth followed by having to hire a lawyer. They ending up 'settling' for the deposit, our original offer. Trying to grieve while being threatened with lawsuits is so much fun.

The only silver lining was at the end of the day the lawyer said 'No charge, that guy was an asshole.' Nice to see they're still some decent people out there.


If the estate was bankrupt you should have told them to fark off, finished off whatever needed to be done with the estate and gone along your merry way. Threatening calls aside they have no other recourse. Never go into your own pocket for something like that.
 
2008-01-24 11:38:45 AM
i180.photobucket.com
"If he dies, he dies."
 
2008-01-24 11:40:03 AM
I'm dumb - I just read TFA. He's suing for $600!!!

Oh yeah - that's so totally worth it. Having your photo in the paper for being an asshole and getting it splashed all over the internets.
 
2008-01-24 11:40:57 AM
I'm a bit surprised. From his photo, I expected kindness, understanding, and intelligence.

/No. Not really.
//He looks like a Niagara sized douche.
 
2008-01-24 11:42:16 AM
Jean-Puc_Licard: I'm dumb - I just read TFA. He's suing for $600!!!

Oh yeah - that's so totally worth it. Having your photo in the paper for being an asshole and getting it splashed all over the internets.


Next week I will be filing a $1200 claim against someone. Well technically it will be his company (he is the only employee) so I hope he doesnt have some sob story about why he is 12 months late on his payment.
 
2008-01-24 11:45:38 AM
The law says that when a tenant dies, the tenant's representative must give 28 days' notice that the lease will be broken to terminate the lease.
So if you are going to die suddenly, make sure you have contactedkilled the landlord 28 days before you depart


Dude needs his Farking ass kicked
 
2008-01-24 11:47:29 AM
I could see if the guy was a bad tenant, or had been late on a previous month's rent. Even honest landlords get royally farked by the law when it comes to getting money out of problem tenants. Christ, it can take 3-6 months just to get an eviction in many states, all while they're living rent-free *and* destroying the place.

But suing for a single late month because the guy died?
I hope his place burns down due to non-code electrical work and he's denied insurance for it.
 
2008-01-24 11:47:52 AM
tweekster: udontnome: I've had experience with this. Mom died and the estate was bankrupt. We offered the security deposit which was 2 months rent and then terminating the lease which had 4 months left.

Threatening letters back and forth followed by having to hire a lawyer. They ending up 'settling' for the deposit, our original offer. Trying to grieve while being threatened with lawsuits is so much fun.

The only silver lining was at the end of the day the lawyer said 'No charge, that guy was an asshole.' Nice to see they're still some decent people out there.

If the estate was bankrupt you should have told them to fark off, finished off whatever needed to be done with the estate and gone along your merry way. Threatening calls aside they have no other recourse. Never go into your own pocket for something like that.


Wow! Thanks for the tip. Now I'll just hop in my time machine and put your awesome and much needed advice to work. Thanks for sharing.
 
2008-01-24 11:48:21 AM
YakiManiac: The law says that when a tenant dies, the tenant's representative must give 28 days' notice that the lease will be broken to terminate the lease.
So if you are going to die suddenly, make sure you have contactedkilled the landlord 28 days before you depart

Dude needs his Farking ass kicked


Um fail?

Not before, but rather after the person dies, you have 28 days to notify to break the lease. I fail to see how this is in any way unreasonable.
 
2008-01-24 11:48:59 AM
$600 AUS is only worth $547 US. Is a debt that small worth the hassle of going to court?
 
2008-01-24 11:49:29 AM
If there is money in the estate, then the money is owed. If there is no estate, then all debts disappear.
 
2008-01-24 11:49:59 AM
The common law ain't what it used to be.

/silly aussies, why not also codify . . .
//slashies!!!
 
2008-01-24 11:50:34 AM
udontnome: If the estate was bankrupt you should have told them to fark off, finished off whatever needed to be done with the estate and gone along your merry way. Threatening calls aside they have no other recourse. Never go into your own pocket for something like that.

Wow! Thanks for the tip. Now I'll just hop in my time machine and put your awesome and much needed advice to work. Thanks for sharing.


With a reply like that, it almost makes me glad you didn't realize that previously. Seriously, did someone piss all over your face this morning?
 
2008-01-24 11:51:32 AM
Woulds any of you change your opinion if you found out the "deceased" was a lawyer or real estate agent?
 
2008-01-24 11:56:26 AM
No, I'm not going to pay it. What are YOU going to do? Want to dig Dad up and put him in jail for contempt?
 
2008-01-24 11:59:35 AM
Get over it, people. The deceased had a financial obligation. The terms were spelled out in the lease. The landlord has every right to be paid from the estate of the deceased. The article clearly states that this is what is happening.

The guy died. Presumably, his daughter inherited his belongings and money. She's entitled to keep whatever she got minus the sum of his outstanding debts. It's safe to assume that, no matter how small that "estate" was, its value was greater than $600. The landlord is entitled to collect what he is owed from the estate. Period. The fact that she took out a $6000 loan to pay for the funeral is completely irrelevant. She incurred that debt all by herself.
 
2008-01-24 12:00:45 PM
tweekster: udontnome: If the estate was bankrupt you should have told them to fark off, finished off whatever needed to be done with the estate and gone along your merry way. Threatening calls aside they have no other recourse. Never go into your own pocket for something like that.

Wow! Thanks for the tip. Now I'll just hop in my time machine and put your awesome and much needed advice to work. Thanks for sharing.

With a reply like that, it almost makes me glad you didn't realize that previously. Seriously, did someone piss all over your face this morning?


Yeah, you did, cheech. All I wanted to do is relate a similar story in an empathetic manner. Not be subjected to second guessers who are spouting useless advice based on a brief internet post. I could go on for a few pages on why this was the best approach but in the end I felt it would be better to express my extreme displeasure having to read about how much better you would have handled my situation when you don't have the first clue. Again, thanks for sharing.
 
2008-01-24 12:02:01 PM
Hmmmm... Relatives cannot be held liable for debt... Only an estate can be held liable. Soo Ms. Whineypants is taking in some form of inheiritance from her daddy, and is whining because it may be diminished by a debt her father owed?

WAAAHHHHHH WAAAAAHHHH
Call the waahahhmbulance.
 
2008-01-24 12:02:12 PM
udontnome: Yeah, you did, cheech. All I wanted to do is relate a similar story in an empathetic manner. Not be subjected to second guessers who are spouting useless advice based on a brief internet post. I could go on for a few pages on why this was the best approach but in the end I felt it would be better to express my extreme displeasure having to read about how much better you would have handled my situation when you don't have the first clue. Again, thanks for sharing.

Welcome to fark.
 
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