![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-199488-100x100.png\")
Tacky.
Distasteful.
Unsympathetic.
Ass face.
That's all I can muster up right now.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-373342-100x100.png\")
@shorty63136: I'll go with the Old Man from \"A Christmas Story:\"
Stratnasticalfifah!
Sons of Bitches! Bumpases!
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-329093-100x100.png\")
Completely vile
Unbelievably disrespectful
Nerve maddening ridiculousness
Torrential stupidity
Systematic horribleness
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-211131-100x100.png\")
Can the ex claim that his ex-wife still haunts the place and therefore it's being used? Geez, what a bunch of slimeballs. \"Your ex-wife was murdered by Santa! What are you going to do about her broken lease, huh? We've had plenty of people get murdered to try to weasel out of a lease, and by George, it's not going to happen again!\"
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-78160-100x100.png\")
Have we really come to this ?
Since he has no obligation under the law,he should politely tell these people to bugger off.
Our sympathies for your loss,sir, and our apologies for what passes for human beings.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-237394-100x100.png\")
@Snarkysnake: Under normal circumstances he should POLITELY tell these people to bugger off. Under THESE circumstances he can tell them however he likes. Preferably loudly, emotionally and publicly.
![\"user-pic\"](\"/css/images/default.gif\")
@Snarkysnake: I was under the impression that the estate would be responsible for legitimate debt.
So if he did not co-sign, good luck!
Reading the article it does appear that the landlord is making the claim against the estate. I would just guess that the ex-husband is handling the ex-wife's estate. Given how much else her surviving family has to deal with they're probably not up to it.
What is the landlords reasoning?
\"Well, the newspapers know a day ahead of time that you're going to die so they can print the obituaries. Since it's yourself, you should know at least 30 days ahead of time that you're going to die. Perhaps he thinks the killer scheduled an appointment with the victims, so they had ample time to alert him to their not being living anymore, so they could make arrangements to close the lease?\"
@269InchDiagonal_GitEmSteveDave: I assume the landlord's reasoning is \"the normal way these things work is that the debts of a person belong to the person's estate when they die, and I'm no more in the business of giving free apartments to somebody's estate than I am giving free apartments to people while they're alive.\"
He might choose to be a nice guy and waive it, but maybe he's been burned in the past by estates that take months and months to clear out, leaving him down hundreds or thousands of dollars in income for each month that he can't rent the apartment. The rent money is also putting food on somebody's table, and contrary to tales of yore, not all landlords go to bed on giant piles of money surrounded by dancing girls.
@269InchDiagonal_GitEmSteveDave: Yes, but even if you know 30 days in advance, the landlord required 60, so you would need to drop off a check for the last month.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-808583-100x100.png\")
I don't even know how to comment on this... it's just disgusting.
I agree wholeheartedly that the noble thing for the landlord to do would be to cancel and void any monies due it because of the tragic way that this happened, and of course no other person should ever be held personally liable.
I am a little curious because the original news story itself says that the landlord submitted an invoice *to the woman's estate*. That is really quite different from sending it to her ex-husband. Such an invoice would go to probate and be paid off or dismissed through the normal process for wrapping up a decedent's obligations.
Presumably the woman's ex-husband is the executor of her estate and quite possibly even her primary heir, so in the end, the money would come out of his pocket.
(These are just thoughts, and not meant to be a judgement on any person's behavior in this matter)
@jnews: I agree with your interpretation. It sounds as if the ex-husband is the executor of the estate, and the landlord submitted a claim to the estate. I'd also suggest that CBS (which published the original article) and Consumerist look into the difference in meaning between the word \"told\" and \"asked.\" The estate was not told to pay by anyone who has the authority to force them to do so. The estate was asked to pay by someone who hopes they will do so.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-159178-100x100.png\")
@chgoeditor: Probably a bigger management company where this type of thing is semi automated. The person sending in the paper work most likely has no idea what happened to this woman.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-76955-100x100.png\")
@jnews:
The article says the invoice was submitted to her estate, which is very different from the post. It is completely normal for any and all creditors to submit claims to the estate during probate. If this woman's estate has money, not her ex-husband, to pay off the debt then it gets paid. I would expect that this woman's estate will sue the killer's estate/home owner's insurance that covered the property where the crime took place and then perhaps there will be funds to distribute to the creditors.
On the other hand all creditors could just ignore debts upon death and all of us (the living) have to end up paying more to rent an apartment.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-159929-100x100.png\")
@jnews:
I don't see anything wrong with submitting the bill to the estate either. I doubt her credit card companies or other debtors are going to cancel her bills. Why should the landlord?
While her death is tragic, and while it would certainly be noble of the landlord to wipe the fees, it's not his fault that the person was murdered - why should he have to take a financial loss because one of his tenants, through no fault of his own, was murdered?
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-321187-100x100.png\")
@madanthony: If a tenant is DEAD, then they no longer LIVE IN THE PROPERTY and thus do not owe you rent. Jesus.
@mythago: Legal argument - impossibility. Tenant can no longer have enjoyment of the property because tenant no longer exists.
Same thing as if the apartment complex was destroyed by a fire, hurricane, earthquake, etc. - impossibility of either side to complete the contract should void it.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-63807-100x100.png\")
@varro: Then I'm sure Ortiz wouldn't have minded if the landlord tossed all his two daughters and all belongings on the streets on Dec. 25. By your logic, no tenant = no right to have anything inside the apartment.
Sarcasm aside, the real answer is that nobody knows what the obligations of the lessee's heirs or executors are without reading the lease.
/me is now wondering what his lease says.
@mythago:
unless all her stuff was removed the day of her death, the apartment was still being occupied and could not be rented. While charging penalties is kind of a dick move, I don't see anything unreasonable about the landlord wanting to be compensated for the time that he couldn't rent the apartment.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-543146-100x100.png\")
@madanthony: It's not so much the action as the reasoning. Quietly submitting a bill for just the balance of a month or so of rent is somewhat understandable. Levying penalties because someone did not give advance notice that they were going to be murdered is a dick move.
@RecordStoreToughGuy: She also had two surviving daughters, if you were wondering where the rent+12 days comes from. An extended article quotes Ortiz complaining about having to moving \"them\" [the daughters?] out within three weeks after the death.
But it's not like the landlord is obligated to provide free rent in the event of a death, or wait until he's feeling better to get the apartment vacated. If he's not going to pay rent, then the stuff needs to leave.
@Michael Belisle: Sorry, I messed up that link to the longer story.
Ex-Husband of 'Santa Massacre' Victim Told to Pay Her Rent [AP via Fox News]
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-470278-100x100.png\")
@jnews: I agree. If the landlord sent the bill to her \"estate\", then this guy is simply filing the paperwork and is being vilified for nothing. Sure, he could cancel all her bills and be awesome, but sending the papers to her estate isn't mean or evil.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-370118-100x100.png\")
This is one of those rare situations where it is probably appropriate to mail the letter back to the landlord with a nicely wrapped box of poop.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-53248-100x100.png\")
@plyhard13: You sir, are one artistic SOB.
I hope that it happens. I think that I'll mail my landlord a preemptive box of \"brownies,\" just in case...
This is so outrageous, there should be some sort of limitations in cases like these or someone should just burn that place down... First article that I have read today and lost my faith in humanity...
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-621269-100x100.png\")
What does the law say on this? Does the landlord have the right to collect from the estate, or is he entitled to nothing due to her death?
@Quake 'n' Shake: Sure, nothing. Why would he be entitled to anything? It's established legal principle that dying doesn't constitute \"failure to notify.\"
The landlord has to eat the time that the apartment is vacant. Sucks for him, I guess, but nobody who wasn't on the lease is responsible for getting him a new tenant, that's the cost of doing business. He's free to submit a claim against her estate, I suppose, but he really doesn't have a leg to stand on.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-236523-100x100.png\")
It sounds like the landlord is making a claim against her estate, not the husband personally. MISLEADING SENSATIONALISTIC HEADLINE.
If she has a car loan, I wonder if the bank will let her estate keep the car for free? Or will we see another headline soon, \"Bank Orders Ex-Husband to Pay Murdered Wife's Car Loan\"? This is the same difference, despite it seeming a little callous.
@ZukeZuke:
Great point! Although for this case, the headline should really be:
\"Bank Sends Demand for Payment to Executor of Estate to Pay Murder Victim's Car Loan, from the Proceeds of the Estate\"
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-333203-100x100.png\")
@ZukeZuke: A loan is different from a lease though. In the case of a car loan, the car has been sold to the owner of the lease with the intent that the loan will be fully paid and the car would then be transferred in full ownership of the buyer. So a car loan would be a valid claim on the estate of the deceased.
The same works for Credit Cards and Mortgages.
A lease is different. A lease is essentially a contractile renting of something for a set amount of time. A leased car or apartment is not something that has an agreed upon payment before a change of ownership happens. Once the time on the lease is completed, the ownership rights remain with the lessor. ownership rights never transfer to the lessee. So in this case they could make the claim that the terms of the lease have been broken and they are owed restitution for the breaking of the lease, but that will only hold up if the lessee broke the lease with intent. Dying unexpectedly by being murdered by Santa is not intent to break a lease and will not hold up. Unless she planned it to break the lease. Not likely though.
So although the landlord is legally allowed to seek restitution under the terms of the lease, he is still a scum bag for not taking into account of the nature of the lease being broken.
And I thought my college slumlord was a scumbag.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-64687-100x100.png\")
Jeez this sounds familiar. There was an almost identical story I read somewhere about a person who lived alone and died of a heart attack and the landlord tried the same thing.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-3865-100x100.png\")
My question to the landlord would be, \"In the scenario where a tennant is murdered, what is the correct procedure for them to notify you 60 days in advance?\"
If they can't desribe how she SHOULD have done things, then they can't say the tennant did anything wrong.
@AlteredBeast: The estate is now subject to the lease. The estate should either cancel the lease now (and pay any penalties) or continue the lease, and pay the rent. This seems cold and callous, but what's the alternative - do you want the lease to become void on the death of the tenant, so the landlord can boot their family and belongings to the curb as soon as the heart stops and re-rent the same day? That's the alternative, right? Either the lease is still valid, or it isn't.
@xsmasher: There should be a clause designed for such a situation, where uif the death of the resident results in no tentants of legal age in the household to contiune the lease in their name, that they should offer a month-to-month basis while all items are removed (perhaps only offer one month), and waive any fees for breaking the lease.
@AlteredBeast: That sounds extremely reasonable. Though I bet any potential landlords would give me a strange look (or withdraw interest in me as a tenant) if I asked them how the lease would change in the event of my death.
On the other hand, student loans are very quick to point out that even if you die, someone still owes money. Gave me the chills. I guess we don't like to talk about these things, but they happen. (The instances in this particular case are extremely sad, though).
@oneandone: The difference between a loan, and the lease, is that the a loan would be paying back money (or goods/services) that were already rendered. So it makes sense that, if possible, they would collect what is owed out of the estate.
With a lease, it is like a gym membership. The tentant or estate is not able to use the service (the use of the property), so the landlord isn't collecting money owed. The only real loss the landlord would have is about a month or so to arrange a new tenant.
Not only that, the pentaly of breaking the lease is designed to deter people from breaking it...not reflective of an actual loss the landlord inccured.
@oneandone: I don't see why it matters whether it is a student loan or not. If the estate doesn't have the money and there's no co-signer then it doesn't really matter what the student loan says. If I were to die no one is going to collect my $60,000 in student loans (minus the 2k-3k that will be collected upon the liquidation of all my things).
Times are tough, even for maggots.
The headline on this is totally misleading. The demand is for the woman’s estate to pay the claim, not the ex-husband. If she died with assets, all creditors and valid claims must be paid out of the assets prior to her heirs getting anything. It is up to the executor or administrator to decide if it is worth challenging the claim. That is what probate courts are for. Most states have laws that dictate the priorities of such claims. If there are no assets, creditors get nothing. It doesn’t matter if she was murdered or died of natural causes. The property owner could have decided that it is not worth pursuing so the estate (maybe the state if there are no statutory heirs) gets more, but that shouldn't be up to us. If you think it is so wrong, write a check to the family yourself.
Even if the landlord submitted the request for payment to the estate, couldn't the estate refuse to pay based on the landlord's reasoning, \"insufficient notice to vacate\"? There was no way she could have given notice. Did the landlord give the family notice of a time period of when they should collect her belongings from the apartment before he would start racking up the fees or is that not even required? I can understand somewhat that the landlord would like to rent out the apartment and if her stuff is still there then that's an issue, but to claim she broke the lease and that's why they should be able to collect off the estate seems a little shady.
This makes me want to vomit with rage.
This is the corporation that owns the apartment building
Alliance Residental Company of Phoenix, AZ (602)778 2800
\"Since Carlos Ortiz was not on the lease, he has no legal obligation to pay the rent being demanded by these chum-slurping maggots.\"
This comment by the editor is not supported by the facts of the article - the the landlord is making a claim against the deceased estate. I'm a bit disappointed with this story - I would think that it's not too much to ask that the editor at least read the portion of the original story that he has cut/paste onto this web site.
@CarlR: Agreed. Ben, you get a FAIL. Is Consumers Union continuing to pay you based on page views? If so, shame on them.
@shorty63136: How is the landlord supposed to know what assets her estate has without going through the motions of demanding payment? Besides, considering she divorced this guy, she probably didn't want him to get any of her estate, anyway.
@CarlR: But if she has nothing in her estate, no insurance, no nothing (let's assume for a minute that she doesn't), does that not make them chum-slurping maggots?
If she has nothing - they get nothing. Her child, who was a 17-year old resident of the apartment, is dead. That would've been the person the could've gone after (and maybe not b/c he's only 17, not 18).
@shorty63136:
Nothing in the article suggests that the landlord is doing anything but placing a claim on the estate of the deceased ...
\"The itemized invoice claimed Ortiz's estate owes $1,655, plus payment for 12 days rent and other fees for the weeks after she died.\"
This all comes from the guy who was the landlord of the world trade centers sending bills to the companies that were tenants billing for rent from 9/1-9/10. Then the courts saying that, yup, the companies needed to pay him. I guess they were supposed to take care of it between going to funerals and sorting out death benefits.
So if a guy that big could collect for something like that, why can't these guys collect too?
@legotech: This landlord is trying to collect rent after her death, though. Sure, the renters in the WTC genuinely owed rent between 9/1 and 9/10. This is more like if the WTC guy had gone to the FDNY and the NYPD and charged them rent for the 60 days after 9/11, saying \"hey, you failed to notify me before you moved (...your offices to the bottom of a very big scrap pile.)\"
Going after back rent is justifiable. Making a claim of \"failure to notify\" when a tenant dies isn't supportable under the law.
Well.....could they just move the body back into the place and wait for the eviction process to take its course?
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-114775-100x100.png\")
Ok, I think I see both sides of this issue. The landlord should be able to collect from the estate the rent on the apartment up until the apartment was vacated. The part I don't agree with is that they are going after the estate for breaking the lease. That's just crap.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-437778-100x100.png\")
\"Breaking the lease\" is just a technical term for what is happening...
And anyway, it's not like you can find a new tenant immediately after the apartment is vacated, it may be the wrong reason (such as winter in New England) or it may be that you've got to do clean up and repairs due to the way the previous tenant lived...
That's why there are penalties built-in when a lease is terminated early (for whatever reason).
It's customary around here that you will pay up to 2-3 months of rent if you break the lease OR the true costs... for example, if you vacate on June 30th and on July 15th a new tenant is moving in it's customary that you would only be obligated for the rent up until the new tenant moved in.
So in that regard if the owners are seeking 60 days past vacate date, but they actually are able to fill the unit before 60 days then that is pretty lousy and is absolutely a case for making an exception to not collect the full 60 days penalty.
@emis: Some leases automatically terminate at tenant death. So the landlord may be totally full of it.
The old media trick is played everyday. Get wronged then tell the media (but hope it is a very slow media day). Now the property management company will back off and forget the whole thing. That is how this situation will play out.
Where's corporateguy? This thread is desperately in need of hearing from someone on the landlord's side in this mess.
At least the article was clear this time. We're not talking about the ex-husband owing anything. He doesn't; it's misleading to say that he does. We're talking about the dead woman's estate here. It's her money; she's dead; she doesn't need it.
What'd I miss? Sounds like the landlord is a creditor making a claim against an estate, of which the ex-husband is probably the executor. Last I checked, a person's debts don't automatically disappear when they die, even under tragic circumstances like these.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-404607-100x100.png\")
Back in the 80s I managed a couple of apt buildings.
One morning I read about the death of a young woman who had the same name as one of my tenants. I called her parents and found out that she was killed in an auto accident.
At no point did the lease or back rent or anything like that even occur to me or my bosses. We gave the family space and time to clear out her apt and then moved on.
those people in the story are dispicable.
@Shaftoe:
What you and your company did are very noble and wonderful things... but again... your apartment is a product that you are selling, you may get anywhere from a few hundred to a few thousand per month for that space.
You rely on getting that money just like any business selling things relies on getting payment for their products when they are consumed.
Your situation may have been ideal, you knew about her death, she may have had as much as 2-3 weeks left before the end of the month when the next rent was due. She may have paid \"last\" in advance in which case she may have been as far as 6-7 weeks from being in default of payment. You also probably had a responsible family who was willing to clear out the space in a reasonable and timely fashion.
But let's say she owed $1200/mo on that unit... you read about her death the last week of the month, meaning you are owed rent in a week... you didn't collect \"last\" when she moved in because you're nice guys and that makes it easier on the tenants... now her family decides that they're going to take 6 weeks total to vacate... so you are now half way into your 2nd month with no rent... then it takes you 2 weeks to find a new tenant...
You've just given up $2400 being very nice to this family... is it YOUR responsibly for this? This is a very easy and straight forward example, and it's also a relatively minimal amount of money, but it's still $2500 that you're eating as a business... when you have 50 units it might not be a big deal, but when you 5 units it's going to bite you.
The woman's estate owes this money, and the owner of her rental is entitled to it... they are entitled to their rent up to the date they receive notice she's vacating (or dead) plus whatever else is agreed to in the lease, in this case 60 days... As many have said, her ex is probably the executor of her estate (possibly by default if she appointed no other and had no other next of kin).
Look at this way... you're a person who owns a duplex, you live in one half and you rent the other half... the person next door to you gets sick and ends up in the hospital--you may have no idea that this has happened, maybe 3-4 weeks go by and your rent is late, you make a few calls, maybe get no answer, or possibly if you're lucky you'll hear your tenant is in the hospital, out of compassion you assume they'll handle the rent affair when they're out... a few more weeks go by, oops, turns out your tenant is dead... Now where are you? You've got no rent paid from earlier and now you've got a unit that isn't vacant but can't be rented until the old tenants belonging are gone.
Not to be gruesome, and you may feel bad etc, but you need to pay your bills and mortgage! You can't just eat the cost of 1, 2, 3 maybe 4-5 months worth of rent while this person is in the hospital, or while their affairs are settled after their death. You need to get your money and you're owed that money by their estate.
The fact that you died does not absolve you (or your estate) of those obligations.
@emis: She did not break the lease. The murderer broke the lease. I can understand paying up to the month where she was killed. But saying you broke the lease without 60 days notice is inhumane. You can't give notice when you don't know you're going to die.
@thezone: The murderer broke the lease? That's hokum.
If you landlord was killed, does that mean your lease is void, and you get kicked out immediately? Or that you get to stay there rent-free, since there's no more landlord? No and no. You continue to pay rent to the estate until there's a new owner. Death does not void contracts or debts, and thank god it doesn't.
I understand those saying the landlord has a right to the rent if her estate is able to pay, that makes sense, her estate should pay her debts, that's how it goes.
What is absolutely lower-than-where-whale-shit-goes despicable about this is the extra fees tacked on for violating her lease. That is reprehensible.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-14643-100x100.png\")
I'm not sure what real \"estate\" she has. Pardo killed her, her son, her sister and her parents. Who's left but the ex?
The \"estate\" is not who is left to collect... it's the money and assets left...
Even if she had very little in the bank she may have had life insurance--my company gives 2X your annual salary for nothing... at 30 years of age that isn't enough for my family to live on for long, but it's more then enough to settle final affairs like rent due, car payments, credit cards, etc...
@emis: Sorry, I meant that no one else is left to deal with this than the ex. He probably is the closest to the executor of the estate she has.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-4587-100x100.png\")
As a landlord, all you have to do is murder your tenants and collect penalties from their estate. That's a great business model. You can even turn their corpses into meat pies for extra profit.
As my family is in a very similar situation which was covered by this site, I fully sympathize for what the Ortiz family is going through. Both for the loss of a mother and sibling, and for the added insult of having to go through the legal process which they undoubtedly will now be forced to handle. Not providing 60 days advanced notice due to the untimely death of the tenant is simply, IMHO, an attempt to profit off of the blood of others. Per my experience, the people who are grieving will (if they have the financial wherewithal) pay the $2-3k to simply make this go away in their time of immense sadness. The alternative is to watch this go through the court system and dredge up the feelings of loss over and over until this gets resolved. If one has a backbone and is morally offended and outraged by the type of behavior from these types of landlords, which as I know from my personal experience, and as the Ortiz family is doing, stick to their guns and make a moral stand for what is right.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-488475-100x100.png\")
@ezissen:
I agree. Charging fees for breaking the lease is reprehensible, crude, cruel and insensitive.
And I'm very sorry for your loss. *HUG*
Thanks! my issue is 1 year and 5 months since my brother passed and this is still going through the apellate process. although we have won the initial case this the final issue hasnt been resolved.
As I am a believer in karma and people and corporations reap what they sow I will let karma handle things... and my lawyer.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-461138-100x100.png\")
The landlord was a lot meaner than just demanding the rent:
They also forced the woman's two surviving teenage daughters to immediately move all their stuff out, in between the funerals for their mother and brother, and moving to their father's house. They didn't give the surviving girls any time to grieve and move their things.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-826407-100x100.png\")
Last I heard, dead people can't be held liable for breech of contract.
Otherwise, I'm going to go collect that $50 my zombie friend owes me.
I thought that's what things like deposits and or first and last months rent are for .Or even insurance .
If they want to sue the estate go ahead and do it but again what the heck are all those upfront deposits and payments for .In Florida if you rent one of those old hotel rooms for a long term rental most landlords get a deposit,first & last months rent .And you have to pay most utilities . A bill even stalled out to retroactively go back and collect from long gone tenants when fixing or renovating an apartment .
I can see a bill for crime scene clean up but that's it .And even then it's still the landlords property & responsibility .Unused months on the lease should have to be delt with other than keeping the upfront money .
Are people arguing that the landlord is not due the money, or is the argument that the debt is valid, but asking for it is in bad taste? It seems cold and callous - but at the same time, is the landlord supposed to eat the cost for the time that the apartment could not be rented, and the unexpected cost to re-rent the apartment? Most landlords are not large, faceless corporations.
I recognize that the inconvenience and cost to the landlord is nothing compared to the grief of the family. In the same situation, I would not charge the estate for the rent, and would allow the family sufficient time (at no cost) to remove the deceased belongings. But I'll be frank - that's a $2000-$4000 gift to the victim's estate. Not every landlord can afford to do that.
@xsmasher: Actually I'd like to know what the landlord has done with the 1st, last or security deposits.
I haven't yet run into a place that didn't demand those before renting to a tenent.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-348745-100x100.png\")
Per the California department of Consumer Affairs California Tenants handbook section on return of deposits.
TENANT'S DEATH
Suppose that a tenant who has a tenancy for a specified term (for example, a one-year lease) dies. The tenancy continues until the end of the lease term, despite the tenant's death. Responsibility for the rest of the lease term passes to the tenant's executor or administrator
-----------------------------------
Seems pretty straight forward to me. This appears to be sensational news report targeted to spark outrage. The whole reason that we have probate is to organize a persons debts after their death to ensure that they are paid. A contractual obligation is a debt no different from a CC, car load, or mortgage.
nuff said
@johnarlington: Yes, understood, but it's not just the rent, she's being PENALIZED for leaving the apartment without notice. That's the real douchebag part of what the landlord's doing.
@tc4b: What part of \"Responsibility for the rest of the lease term passes to the tenant's executor or administrator\" don't you understand? Responsibility means the estate has to BREAK THE LEASE, incurring a penalty or keep paying for it.
That's THE LAW. If you don't like it, try to get it changed. Don't just say that even though you are entitled to the money under the law you shouldn't ask for it. If she has no life insurance then they won't get anything. If she does, then I doubt $2000 will make a large dent in the proceeds of the estate.
@West Coast Secessionist: Penalizing someone for dying without 30 days notice is BEING AN ASSHOLE. Sorry if you don't like it, but that's how it is.
There are no words for this.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-101852-100x100.png\")
It would appear that since the place burned down, it's uninhabitable and so she wouldn't have to pay that money anyway were she still alive.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-394934-100x100.png\")
I'm a landlord and now I have to include a clause in the lease \"in case of death of the tenant\". That's sure to build confidence in the tenants' minds.
@geoffhazel: My lease has one.
Death of sole resident. If you are the sole resident, upon your death you* may terminate the Lease Contract without penalty with at least 30 days written notice. You will be liable for payment of rent until the latter of: (1) the termination date, or (2) until all possessions in the apartment ore removed. You will be liable for all rent, charges, and damages to the apartment until it is vacated, and any removal and storage costs.
* IANAL, but I assume this \"you\" is employed to make it clear that the contract passes to whomever takes over my affairs.
This is the lead story on the Channel 9 news at 2:00PM here in L.A.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-129508-100x100.png\")
Another good example of why I have no more faith in humanity.
Unless her ex-husband co-signed for her or something, the apartment complex is probably SOL. It's pretty crappy that they're even asking though.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-21984-100x100.png\")
I hope the landlord has the security deposit documented as I would bring all hell on him about that...
What a horrible person this landlord is. The jerk probably got an insurance payment since the place was burnt down, and they pull this?
I am happy to see they went to the news and got this out there. Hopefully it prevents anyone else from renting anything from these people.
Seriously unhuman of them.
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-68690-100x100.png\")
He should tell them to bugger off. They would have to file a legal claim against the estate. Any judge worth being on the bench is going to say \"extenuating circumstances\" and throw it out.
I'd send him a photocopy of my \"john brown hind parts\" with a note written in calligraphy pen inviting him to suck it. Try to collect, moron.
Well, the company has issued a statement. Apparently once they found out that this case wasn't a standard deadbeat, they are NOT pursuing any further action/balances/payments/etc... Check it here: http://www.allresco.com/#/company_news/
Sounds like the death of good journalism when you compare the details of the store to the ultra misleading title.
Landlord/tenant law varies greatly state to state but the landlord should try to recover costs not covered by the deposit, etc. in a case like this. Simply good business that hold down expenses for other tenants if nothing else
The landlord decided not to bill them after all: [www.sgvtribune.com] (has a copy of the bill)
[www.dailybulletin.com]
From another article:
Toyota took the cars back and never said we want our money,\" Nord continued. \"Other creditors said `Don't worry about it.' But what's going on here, we think it's just ridiculous.\"
[www.sgvtribune.com]
So they could just evict the persons and collect the security deposit.
@calwatch: That cover letter is in Comic Sans. Classy.
The bill clears up a few questions, among them that they followed the CA Landlord's Lawbook to the letter.
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-70159-100x100.png\")
This is horrible. Just wow, again. I think the landlord reads consumerist and got the idea from another story. But I'm pretty sure when I pay rent its for a month ahead of time, not the previous month I lived there.
The only ONLY way this scumbag should get any money would be if the family or estate didn't get the belongings out of the apartment before the end of the month.
It was christmas and so I can see nothing moved out till 1/15 at the latest. So the landlord should be entitled to 1/2 a months rent at most. Or maybe a month. But the month is stretching it.
All in all this guy deserves to be punched in the face with a fist covered in poo
Well people, we now know a new way to break a lease. Yup, just get yourself murdered, and vola no more lease. So if you don't like your apartment.......
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-542228-100x100.png\")
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-355288-100x100.png\")
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-307161-100x100.png\")
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-334332-100x100.png\")
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-435401-100x100.png\")
![\"user-pic\"](\"http://consumerist.com/assets_c/userpics/userpic-351819-100x100.png\")
![\"user-pic\"](\"/mt-static/support/assets_c/userpics/userpic-6536-100x100.png\")
![[img.photobucket.com]](\"http://img.photobucket.com/albums/v221/stormshaman/ohoq9.jpg\"){kind=link}
Wow, that landlord must be a real sleazebag. Is he the same person who posted that Room for Rent ad you guys showed a few weeks ago?
@J.T Dabbagian: You know that room for rent posting was a joke... right?