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Sometimes, "Fair" Landlordin' Doesn't Seem Fair

By
Property Manager with AmeriTeam Property Management SL#3200658

Sometimes, "Fair" Landlordin' Doesn't Seem Fair

Sometimes, "Fair" Landlordin' Doesn't Seem Fair

 

http://www.foxnews.com/politics/2014/12/13/sc-landlord-says-visiting-solder-cant-stay-in-wife-apartment/

 

Sometimes fair doesn't seem fair- but that doesn't make it any less so.  The news report here speaks a veteran whose returned home on leave and wishes to stay with his wife.  That's understandable, but a bit of a technicality exists in that he is not a party to her lease.  He'd be a visitor in the eyes of the landlord- and would fall under their policy that visitors can only stay 7 days.

 

Guess what?  This landlord's policy is more liberal than any I've ever had. Everywhere I've been, the policy for visitor stays has been between 48-72 hours, and with good reason.  Boyfriends/girlfriends/baby daddies/baby mommas/cousins/grandmas are all well and good to live in a place and be a part of the lease, but to evade being on the lease by calling folks "visitors" throws up a number of red flags:

 

- does the "visitor" have bad credit or an eviction history that would cause an application to be denied if there were on it with the other folks?

- do they have a criminal history that would likely see them rejected if they were to apply?

- does the "visitor" have pets such as an aggressive-breed dog, and they're attempting to be a permanent visitor in order to avoid the dangerous animal being rejected by a landlord?

 

These are but a few of the possibilities which could exist with a "visitor"- and they're valid and justifiable reasons why a landlord would want everyone on the lease if they were to be staying at a property longer than a certain number of days.

 

Could any of the above apply here?  Who knows?  The important thing here is that one can't get caught up in the holiday spirit and change policies in effect year-round.  One can't "bend" rules in place such as a visitor's policy off the emotional side of things and the fact that this guy is in the military.  The wife knew what the lease said when she signed it, and they've both known the husband isn't a party to the lease.  That makes him a visitor- not unlike any of the aforementioned boyfriends/girlfriends/baby daddies/baby mommas/cousins/grandmaws that might exist.

 

I've personally had a number of cases such as this- where a wife is stateside and living in a home while a servicemember is away.  That servicemember has been added to the lease each time- knowing that they'd be coming home from time to time.  The applicants/tenants typically ask for the servicemembers to be on the lease, quite frankly- as they need the income from that party in order to qualify to rent a place.

 

I've always had processes by which folks could be added/removed from a lease during the lease term. There's no mention of whether this couple attempted to add the servicemember to the wife's lease, so we don't know if one of the problems above exists where the member's credit/criminal history may prevent him from qualifying.

 

We do know that when asked, the landlord said he enforces the seven-day rule for all of his tenants- and that's the essence of Fair Housing that we have to keep in mind: everyone must be treated equally, and policies cease being policies if an exception's made every time one asks for it.

 

While it might seem Grinch-like or un-fair, it's in keeping with Fair Housing principles as best I can tell.

 

Sometimes, "Fair" Landlordin' Doesn't Seem Fair

 

Posted by
 
DENNIS B. BURGESS
Property Manager

Licensed Florida Realtor
 
AmeriTeam Property Management
845 N. Garland Ave., #200
Orlando, FL  32801
 
 
 
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Turning vacant into occupied, and "houses" into "homes"SM
 
Laura Cerrano
Feng Shui Manhattan Long Island - Locust Valley, NY
Certified Feng Shui Expert, Speaker & Researcher

It's a clear case of putting yourself in the business person's shoes. I find most of us don't.

Dec 13, 2014 05:55 AM
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

     Good explanation of a touchy subject, Dennis. 

     At first glance, it appears that the Veteran is being treated poorly.  But, as you point out, if Landlord breaks the rules for this guy, then other Tenants will lawyer up and demand that Baby Daddy and Couch Crasher are entitled to the same treatment.

Dec 13, 2014 09:15 AM
Dennis Burgess
AmeriTeam Property Management - Mid Florida, FL
Orlando Property Manager and Realtor

Hi, Laura:  Thank you for dropping by, and for your comment.  Sadly, I believe we've gotten well astray of the ideals of our youth (mine, and absolutely my parents')- when being a successful "businessman" or business owner was both an ideal to pursue and a goal to be achieved.

Today's media and a great deal of today's society in general no longer seem to value that ideal.  The "businessman" is pilloried and villified for any successes, and afforded precious little grace when the public senses the least bit of discontent with any of their actions.

This is but one example- where media seeks to take a side against business and be a part of the story versus merely reporting on it as they should.

Dec 13, 2014 11:52 AM
Carla Muss-Jacobs, RETIRED
RETIRED / State License is Inactive - Portland, OR

I am so sick of tenants . . . and it's unfortunate that the vet's wife didn't think of putting her HUSBAND on the rental agreement.  Why didn't she?

Dec 13, 2014 11:54 AM
Dennis Burgess
AmeriTeam Property Management - Mid Florida, FL
Orlando Property Manager and Realtor

Hi, Ambassador Fred:  Thank you for stopping by, and for your comment and kind words.  You're absolutely spot-on, of course- and I'd add that not only would folks be lining up to sue for what they saw as their "rights", they'd also be backed by the weight of the government as HUD stepped up to litigate on their behalf.

In this arena- the only one in U.S. jurisprudence where you are presumed guilty unless/until you've mounted a successful affirmative defense that's proven your innocence- it's much easier to get slapped with a suit or charges than folks realize.

Anyone can sue for anything- supposedly the beauty of our justice system, but at times it's a thing that's all but pretty.  Much weight is placed on the feelings of an allegedly aggrieved party- which is tough when their feelings are irrational or stemming from some misunderstanding.

Case in point: Back in Alabama, circa 2006, there was an Army officer who mentioned to the leasing agent in my office that he felt we were anti-military.  Despite the fact that that agent had spent 4 years as a Navy Seabee and I'd done my time.

My broker was an Army officer in Viet Nam and at the time had a Marine son on his 4th tour in Iraq and another in the Army on his 3rd tour over there and serving as an interrogator in the Green Zone.

Despite all of that- and my broker's big, tacky bumper sticker that proclaimed "My son's serving in Iraq so yours can go to college", the guy still felt slighted and required a great deal of explanation of the obvious to head off what surely could've been a suit of some sort.

Just like in any sort of sector of our communities, there undoubtedly cases where wrongs exist.  But likewise, there are many who seek to create wrongs in their head (or even more so, in the heads of others) where they don't exist.

 

 

Dec 13, 2014 12:18 PM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

We take fair housing very seriously, not just because of the government, but because it is the right thing to do.

Dec 13, 2014 12:54 PM
Dennis Burgess
AmeriTeam Property Management - Mid Florida, FL
Orlando Property Manager and Realtor

http://khon2.com/2014/12/12/soldier-on-leave-cant-stay-at-wifes-south-carolina-apartment-landlord-says-2/

Hi, Carla:  Thank you for dropping by, and for your comment.  In doing a bit more research, these guys seem even less sympathetic- if that's even possible. The link here is to another story that includes the text of the lease in question- which despite what some attorney said seems pretty clear to me: 7 days is it for visitors.

The story and comments also provide more insight into things- such as the fact that the housing is actually student housing.  The wife here only rents as room- vs a regular apartment, which means a shared bathroom and a common area. That places an even greater importance on a landlord keeping track of who's there, for how long, etc. in order to keep everyone else there a bit safer.

The landlord can't guarantee safety, of course- but the more he does in terms of diligence and uniformity, the better.  Not surprisingly, the tenants have folks taking their side, too.. Ugh!

Dec 13, 2014 01:46 PM
Dennis Burgess
AmeriTeam Property Management - Mid Florida, FL
Orlando Property Manager and Realtor

Hi, Bob:  Thank you for stopping by, and for your comment.  Same here- and as I often say, the best way to operate is pretty simple: treat everyone the same.  That's not anything I've learned in a class, read from a textbook or gleaned from any time spent at Fair Housing Summits or Expos (though I've done each of them).

As you said, it's just the right thing to do...

Dec 13, 2014 02:12 PM