Tenants Parents Checking in

General Landlording & Rental Properties
9yFollow

Tenants Parents Checking in

Aaron Linden
South Bend, IN · Member since 2015 · 180 posts · 93 votes

Hey everyone,

I just had a tenants mother call me (1:00AM) concerned about her sons health as they live 9 hours away. Let's shorten the storyline to say he has had several open heart surgeries (although none recently) and they could not get ahold of him all day (which is not like him). His room mate is also on a business trip and he was supposed to go on the same trip. I told her to have the police drive by the house to check and see but they will not be able to get in. What are my obligations in this situation beyond being a good person? I plan to drive 2 hours tomorrow to let the police into the home? Is there a better option such as getting a locksmith? How do you recommend I handle the rest of the situation? I suspect I should not enter the house without the police. I think it is worth noting that the tenants are good tenants who do not complain frivolously and pay on time.

Thank you for any situational advice you could provide.

Aaron

0Reply
63 views

Most Popular Reply

Joe SplitrockPro Member
Moderator
Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
9y

Legally you can do what Greg suggests, but it is morally wrong. Have a direct discussion with the tenant and there are three options, keep paying for it by himself, find a new roommate or move out. Let him know any of these options is acceptable, but make it clear the rent needs to continue to be paid on time if he stays. Yes, let him out of his lease and return all his security deposit. If you treat people like crap, then life will treat you like crap and one day you will be a bitter old man posting nasty things on internet forums.

8Reply
See this reply in the discussion

29 Replies

Jump to latestLatest
  • Account Closed
    Investor · Princeton, TX · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    @Aaron Linden   How long have the tenants been renting from you?  Is this the first time you have spoken to the mother?

    I would start by calling the numbers you have for the tenant.  Just because they are not answering for their mother does not mean they will not answer for you.

    0Reply
  • Aaron Linden
    OP
    South Bend, IN · Member since 2015 · 180 posts · 93 votes
    9y
    Michael Biggs They have been renting from me for 5 months. I definitely attempted to call the tenant with no success. I also left a voicemail which included asking him to call me back if he was ok and notifying him of my intent to enter in the morning(I assume I don't need 24hr notice in this case if I have police with me). Thank you very much for your reply. What would your next steps be?
    0Reply
  • Aaron Linden
    OP
    South Bend, IN · Member since 2015 · 180 posts · 93 votes
    9y
    Michael Biggs It is not the first time I have spoken with her. We met when the tenants were signing the lease as his folks were helping to move him in. I haven't heard from them since then.
    0Reply
  • Account Closed
    Investor · Princeton, TX · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    @Aaron Linden  There should not be any legal issue with entering if the mother has called you at 1:00 am for a welfare check.  Chances are he is having some kind of adult fun or simply sleeping and cannot hear the phone.

    You will probably have to go to the house if he does not call you or the mother.

    0Reply
  • Michael Herr
    Peoria, IL · Member since 2011 · 365 posts · 182 votes
    9y

    This was the first thing that came to mind. 
    Guy orders a Papa John's Pizza to his grandmas house to check on her after hurricane. 

    http://www.upi.com/Odd_News/2016/10/12/Man-orders-pizza-to-Florida-grandmothers-house-to-check-on-her-post-hurricane/3211476299184/

    1Reply
  • Aaron Linden
    OP
    South Bend, IN · Member since 2015 · 180 posts · 93 votes
    9y
    Michael Biggs just to update you unfortunately it turns out he did pass away in his sleep. Attempting to plan ahead here what would you guys recommend if the roommate wants out of the lease? As hard as it is I feel like I need to stick to my cancellation policy but I really feel for these people.
    1Reply
  • Justin Fox
    Software Developer · Vidor, TX · Member since 2015 · 922 posts · 639 votes
    9y

    @Aaron Linden

    Oh my goodness, that's horrible.  

    I would let the roommate find another roommate (that passes your screening) or just let them out.  If they wanted out and If they cleaned the unit up to my satisfaction, I would also give them their deposit back with any interest (50/50 I guess).

    If the roommates were close friends, I doubt he/she will want to stay there though.

    1Reply
  • Christopher Phillips
    Real Estate Agent · Garden City, NY · Member since 2016 · 3k+ posts · 1k+ votes
    9y
    That's pretty sad news... I guess with a heart condition it's a tough situation if something happens and you are alone and can't alert EMS.
    0Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    really hard story for the family and you, 

    I'd let the tenants know your willing to work with them about the lease and will be open to discuss whatever they have in mind. 

    In the future, you could consider putting a lock box on the house for emergency access and give out the lock box code to someone that would need to gain access, be that police, emergency crews or the plumber.

    3Reply
  • Jim Adrian
    Architect · Papillion, NE · Member since 2015 · 1k+ posts · 840 votes
    9y

    Sorry to hear about your tenant passing. 

    Let the tenant tell you what they want to do and then write up a lease addendum accordingly.  I would not charge any termination fees for "natural causes" like this.  Return the deposit unless there is physical damage. What are the chances they can afford the place alone? If they want out; let them or offer a reduced rent for a few months as this time of year no one wants to move.  They many need some time to get things handled and processed. 

    2Reply
  • Deanna McCormick
    Minneapolis, MN · Member since 2013 · 2k+ posts · 1k+ votes
    9y

    @Michael Herr Terrific story on how the pizza guy got to the unit before the police could to verify the grandmother was safe, and called the family. I'll keep that in my emergency contact list..

    0Reply
  • Mike CumbieBusiness Member
    REALTOR® · Brockport, NY · Member since 2015 · 3k+ posts · 4k+ votes
    9y

    Hi @Aaron Linden,

    Sorry to hear for the family and friends of your tenant.

    I would let them terminate the lease early if that was their choice. I would treat the security deposit like I did for every other tenant. I in no way would reduce rent for a period of time and automatically give the deposit back in full or anything extreme. Those kinds of situations are what cause landlords to still be getting half rent in 9 months and losing $400 a month on a property.

    You still have to run your business. You can be generous and let them out early. You are already taking a hit on re-renting it out and advertising it etc, you don't need to take a hit on all the damages and partial rent payments as well.

    Best of luck

    1Reply
  • Account Closed
    Investor · Santa Rosa Beach, FL · Member since 2016 · 232 posts · 153 votes
    9y

    Oh dear, I am so sorry to hear that. That is so sad. 

    If the roommate wants out, I would forgo a cancellation policy in this case and let him out of the lease. 

    1Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    Work with your remaining tenant. There is no reason to simply let him out of his lease, as he has responsibilities regardless of the circumstances behind his wanting to leave. This is no different that if his room mate moved out as far as you are concerned. All tenants on the lease are responsible for the rent. He has options, he may want to leave or find a new room mate.  If he decides he wants to leave (where would he go that would be less expensive) tell him he is responsible for the lease/rent until you locate a new tenant and you will do all you can to expedite finding that new tenant. Business is business, protect yourself without regard for the reasons a tenant may want to break their lease.  

    Regrettably people/tenants do die but it has no bearing on their lease obligations or the fact that you are operating a business. Every tenant has a reason to want to break their lease, the reasons are irrelevant as it does not change their legal obligations.

    Separate your self emotionally and simplify your decision making.

    2Reply
  • Joe SplitrockPro Member
    Moderator
    Rental Property Investor · Sioux Falls, SD · Member since 2015 · 9k+ posts · 18k+ votes
    9y

    Legally you can do what Greg suggests, but it is morally wrong. Have a direct discussion with the tenant and there are three options, keep paying for it by himself, find a new roommate or move out. Let him know any of these options is acceptable, but make it clear the rent needs to continue to be paid on time if he stays. Yes, let him out of his lease and return all his security deposit. If you treat people like crap, then life will treat you like crap and one day you will be a bitter old man posting nasty things on internet forums.

    8Reply
  • Account Closed
    Investor · Princeton, TX · Member since 2014 · 1k+ posts · 1k+ votes
    9y

    This reminds me...  there are lock boxes that can be opened with a special fireman's key.  Lots of commercial building have them.  It might be a good idea for out of town landlords.

    0Reply
  • Vicki Lockhart
    Professional · Hookstown, PA · Member since 2016 · 3 posts · 1 vote
    9y

    Have the police do a welfare check.  If need be they will get in the house if they think something is wrong and it saves you the trip.  I have done this in the past and the police have been very good about it.  Best of luck.

    0Reply
  • Natalie KolodijBusiness Member
    Moderator
    Tax Strategist| National Tax Educator| Accepting New Clients · Member since 2014 · 3k+ posts · 4k+ votes
    9y

    @Vicki Lockhart You've relly got to read through previous posts first

    Podcast Guest on Show Pay Less Tax to the IRS This Year With THESE Real Estate Tax Strategies
    Kolodij Tax & Consulting
    WebsiteView Page
    1Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    @Joe Splitrock

    Careful Joe. Just because you operate your business as a slip shod hobby landlord allowing tenants break a lease without consequences does not mean landlords that follow the law are treating people like crap. The tenant wants out because he can not afford the rent not because his roommate died.

    Any responsible landlord dealing with a tenant wanting to break a lease will work to get the place re-rented asap but the tenant understands they are responsible till then.

    Joe hobby landlord may say have a nice life I'll swallow the costs for you breaking my lease but no responsible tenant should expect that of their landlord.

    0Reply
  • Shawn Davis
    Investor · Wilsonville, OR · Member since 2014 · 59 posts · 51 votes
    9y

     Legally the deceased tenant (and their estate) is on the hook for the term of the lease.  (A year term is just that.  Typically on a month to month lease, notification of a tenant's death acts as date of notice of termination.)  How you want to handle this is up to you and the remaining tenant but you also have obligations with respect to the deseased tenant's belongings.  You can't just move his items out or give them to any person who comes by to claim them.  Review your local rules on this.  

    There is the legal right/requirement and then there is what you decide to do as a human being and a business person.  Good luck brother.  So sad for this family.

    0Reply
  • Jacob Pereira
    Real Estate Agent · Austin, TX · Member since 2014 · 636 posts · 486 votes
    9y

    Wow, I'm so sorry that that has happened. I actually had a tenant die quite suddenly earlier this year too. She was a really cool person and it was a huge shock to me when her daughter told me she had passed. I have to say that I side with @Joe Splitrock over @Thomas S. on this one. Even taking empathy out of the equation (which you shouldn't, in my opinion), you really don't want a tenant in your unit who doesn't want to be there and might not even be able to pay by himself. Tell them how sorry you are for their loss and then give them the three options outlined above. Whichever of the three he chooses, you're still better off than anyone else in this situation, and also better off than if you hadn't given him the option.

    1Reply
  • Thomas S.
    Member since 2016 · 13k+ posts · 12k+ votes
    9y

    @Jacob Pereira

    Joe hobby offered the exact same three options I offered. Stay, get a new roommate or leave. Leaving simply requires that the tenant coordinate the termination of their lease with the landlord finding a replacement tenant. That should be a seamless transition done with the best interest of both parties in mind.

    No problem with empathy, the landlord has empathy in understanding the tenants financial situation, the tenant has empathy in understanding the landlords financial situation. Both parties are in a similar situation as the result of the death of a tenant.

    I have had a dozen tenants die over the years and in every case any transition involved both parties working together to achieve a smooth transition with a common financial goal.

    0Reply
  • Aaron Linden
    OP
    South Bend, IN · Member since 2015 · 180 posts · 93 votes
    9y

    Hello everyone,

    Thank you so much for your advice on this situation. I apologize for the lack of followup as yesterday was crazy getting this all taken care of. 

    Frankly speaking, I think that I should do unto others as I would have done to myself. I can not imagine wanting to sleep in the bedroom next to where my best friend passed away so I plan to let the room mate out of the lease without any penalty as this was a situation out of anyone's control. However, I will treat the security deposit as I would normally treat it. Any damages will be pulled from the deposit and until he leaves he is responsible for paying on time. I agree with @Jacob Pereira as well, I do not want to force someone to stay in my property against their will, nothing good can come of that. Especially, when these two gentlemen have treated my property with the utmost respect as everything is as good as new and perfectly clean right now.

    Regardless, it turns out that either way this conversation is all conjecture because both of them signed on the same lease. I spent a good chunk of yesterday talking to a few landlord friends and a local lawyer and all have agreed that in the state of Indiana the lease is now null and void because the tenant passed away. As a result the other tenant is free to go regardless of what I say.

    One way or another it is not good as finding a quality tenant in the dead of winter, in South Bend nonetheless, will be nearly impossible so this situation is set to cost me several thousand no matter what. Good thing I bought it right...

    @Michael Herr Love that story! Thanks for sharing!

    3Reply
  • Russ Daniels
    Investor · The Woodlands, TX · Member since 2016 · 5 posts · 3 votes
    9y

    I think you're right, Aaron. I'd work with them to facilitate a reasonable transition. If finances are the issue, you could always offer to charge the remaining tenant half the lease amount for a period of time while the property is being shown and a new tenant is arranged.

    0Reply
  • David Leffel
    North Liberty, IN · Member since 2015 · 22 posts · 10 votes
    9y
    Wow Aaron. I love how you are approaching this by looking at it from the tenant side. Business is business, but in this business the decisions we make will be personal to someone. Call it karma, or common decency or whatever...I believe if more businesses did the right thing regardless of strict legal definition, there would be a lot less legal and government to deal with. Kudos to you. My guess it is due to some other responses here as to why the legal advice you received forces the hand of the landlord to do the right thing.
    0Reply
Join the conversationCreate a free account to reply, vote on answers and follow this thread.
Log InJoin for Free