Dead tenant...

[Perp]

Dead man's parking fees

I remembered today that when my brother-in-law died eight years ago - he was only 28 - his car had been in the hospital car park. He'd turned up thinking he was going for a specialist's appointment and never left hospital alive. When I went to get his car out after he died, it had been there about a week. It cost me $300 in parking fees to get his car out. If things weren't bad enough already, the guy at the gate seemed annoyed with me for "making" him charge me that much - he was huffing and puffing and asking "why didn't you bloody move it to cheaper parking?" I explained that he'd died and that moving his car really wasn't on our radar. He didn't change his tune, he then said "well surely somebody could have spared a few minutes to move the car!" Some people get it, some people just don't...

 

[Angelo]

Although the dead man can’t move on, the landlord can. Maybe the landlord should just stop wasting his time and find himself a new tenant and start making some more money from his property.

 

[Pushka]

"well surely somebody could have spared a few minutes to move the car!" Some people get it, some people just don't...

Yeah, I think sometimes people think 'their world' (eg carparking) is THE WORLD and nothing else could be as important.

 

[Bargain Hunter]

My father died just before he was due to go on a holiday. The holiday company would not refund the deposit which I think was a bit low, however they wouldn't accept a change of person to take the holiday either which was a rip-off..... anyway back to the matter at hand.

There is a contract in place and even though the man obviously didn't plan to shuffle off the landlord is entitled to the bond.

I can't help but think that since the relative was claiming that the landlord was chasing them for the payment either one of two matters occured; the tenant was behind in rent and there was not enough bond to pay the 28 day rent, or the bond was given back when it shouldn't have been.

I would ask for the bond, it is business and as others have pointed out; the ATO, the phone company and any other business entitled to payments would claim the payment from the estate.

I do not understand why people believe that rental housing should have different rules to every other business.

If he was a home owner the relative would probably be forced to sell the property to pay his debts and no one would bat an eyelid, but then again perhaps the money left over from the sale is enough to by the relatives silence.

Regards

Andrew

 

[lizzie]

the tenant was behind in rent and there was not enough bond to pay the 28 day rent, or the bond was given back when it shouldn't have been.

or it was privately rented and the landlord never got a bond in the first place.

 

[peteb]

when does the contract officially end ?

the day he died ?

the day the lease ends (28 days after he died in this case) ?

what day does the propert become available to relet ?

 

[Sunfish]

What is being misunderstood here is the concept of a legal "demand". I'm no lawyer but I've seen too many people rattled by a "demand" in the mail.

To the legally minded person writing the letter, it is merely a statement of position, an opening gambit, if you will. Most commonly it is met after a vehicle accident. You know, two cars meet physically, both insured, and they (the insurance companies) will sort it out.

So why this "letter of demand", addressed personally, in the mail? The writer does not expect to receive a cheque. He merely expects you to follow protocol and pass the demand on to your insurance company. Unless, of course you are dumb enough to reply and make some sort of damaging admission.

Take a step back, look at the broad picture and don't be thin skinned. "Demand" is the legal version of "account rendered". Don't take it personally.

 

[GoAnna!]

I have been there so I don't need to guess how I would behave. My tenant died suddenly after a short illness. I sent flowers to his family and gave them time to come to terms with the loss. The family were extremely grateful and cleared the property out as quicky as they could and send a card of thanks for our sensitivity. I am sure that my behaviour would have given Daz high blood pressure but its who I am. And in the end whatever entity we are doing business with its still people.

The property was given back quickly in a good state, and it let quickly at a higher rate as the market was moving quickly at that time. I don't regret the way I behaved and would do the same again without any hesitation. Life, my time and peace of mind is too precious for me to waste energy chasing money in such circumstances.

Was curious about the comment in the article that the property is vacant but no longer for rent. I wondered what that meant....

 

[Sunfish]

Was curious about the comment in the article that the property is vacant but no longer for rent. I wondered what that meant....

Me too. I thought he may be taking advantage of the situation.

BTW Anna, I could not imagine doing anything differently. Kudos!

 

[geoffw]

I've been in the situation.

The property manager handled it all, extremely competently- as were all my dealing with this PM (Thanks Kylie & Jason!).

The tenant had been the caretaker for my "flock of bats" for many years before I bought it, and had been doing an excellent job.

Very shortly before settlement- and before I had a chance to thank him for all his work, he died.

The tenant had always been scrupulous in paying his rent.

He was single, living alone. But he had next of kin- a nephew who visited him regularly.

By law, the rent was paid out of the estate up until the period the unit was available to be rented out. It took a week while the relatives sorted through any mementos and cleared out anything else.

OK, as caretaker, he was only paying $40pw. So the sum was pretty small.

But the rules were clear, and followed to the letter.

btw, both the PM and myself attended the funeral.

 

[GoAnna!]

I guess I don't understand why a landlord would not just collect what was due from the bond for any loss of rent rather than pursue the estate for additional money which would not amount to much anyway. I do wonder if in that article a bond was held or not.

 

[Pushka]

I would ask for the bond, it is business and as others have pointed out; the ATO, the phone company and any other business entitled to payments would claim the payment from the estate.

I do not understand why people believe that rental housing should have different rules to every other business.

But maybe that very thing is what defines the difference between 'big businesses' like the phone companies etc, and the rest of us. We have a heart, big business's dont. I wouldnt want my value system to be based on the big business principles. As for the ATO, well, that speaks for itself!

And yes, the bond should have covered it anyway. Maybe it was a 'private arrangement'!

 

[Pushka]

What is being misunderstood here is the concept of a legal "demand". I'm no lawyer but I've seen too many people rattled by a "demand" in the mail.

Take a step back, look at the broad picture and don't be thin skinned. "Demand" is the legal version of "account rendered". Don't take it personally.

Sun, that is exactly what happened to me when a person backed into my son's car, which is only insured for 3rd party damage (the premiums for a young male driver for comprehensive insurance are $3000 A YEAR!)

I had to send a 'letter of demand' outlining in a specific way, what had happened and what I was seeking, including a 'date to be paid by'. The man got so personally offended and wrote me this scathing letter back, saying I had no right to demand anything

So I explained it all to him and he was eventually mollified, but still, I guess people dont have much concept of what these things are and do take them personally.

 

[luce.rocks]

Write it off. A months worth of rent isn't worth the peace of mind I'd lose knowing that I had to hound a grieving family to get it.

 

[kathryn d]

The man still had 8 months remaining on his lease.If his daughter had wanting to move into this house upon his death until the lease expired, I think she may be able to.

The daughter doesn't have to pay the rent, the man's estate is liable..

If this was a particularly troublesome tenant, it may be a deciding factor in how hard we try to collect.
As mentioned, there is the bond money.

Rob and I were discussing this a bit further.
(suppose you don't have,or it doesn't cover)
A tenant was murdered in the property and is was particullary messy.

or

The tenant commits suicide with a gun?
He knew he would die then....does that count?

 

[jaycee]

count for what ?

 

[kathryn d]

count for what ?

Would you still go after his estate for the cleaning costs, time it takes to release the property etc.

How about the tenant Brenda Irwin has a thread about?(Tenant in Denial) What if that tenant was found dead in that house. Would anyone be so forgiving?From what I understand the LL insurance does not cover messy housekeeping.(sake of argument there was money to recover from a bank account...after all this tenant hadn't paid any rent for 3 months)

 

[jaycee]

If I say I might act differently given a different situation, depending on circumstances, are you suggesting that makes me hypocritical ?

Aren't you supposed to take relevant things into consideration in order to make the right decision ?

 

[jaycee]

Would you still go after his estate for the cleaning costs, time it takes to release the property etc.

How about the tenant Brenda Irwin has a thread about?(Tenant in Denial) What if that tenant was found dead in that house. Would anyone be so forgiving?From what I understand the LL insurance does not cover messy housekeeping.(sake of argument there was money to recover from a bank account...after all this tenant hadn't paid any rent for 3 months)

Didn;t the tenant' sdaughter in this case, the case I was talking about, clean th epalce (hence no cleaning costs ?) (maybe I missed it if there was extra cleaning required after that)

 

[kathryn d]

Jaycee,
After rereading that news artical, the landlord was suing for lost rental.

For the tenant of Brenda Irwin's...that tenant is already 3 months in rental arrears.

I think every situation will be handled differently, depending on the tenant.
Many here say to treat this as a business.
There is probably more to the news story than has been reported.