Wednesday, July 08, 2015

This Is A Fine How-Do-You-Do

Last summer I helped Kathy and Tony find a lovely rental home. The home in question is a modest three bedroom stuccoed home in East Mesa. The house isn't in property management, but it self-managed by the out-of-state owner.

I should explain--because it might give you a bit of context--the way the system in Arizona works is that I show the house, the folks interested put an application in and if approved, a few weeks later I get a check that equates to about $4 an hour for my time. So, I don't know who the owner is. I don't write the lease. And I don't have any details about the lease.

Fast forward to this week. Kathy called me. You see, her lease states that she is to deposit the rent money directly into the owner's bank account. Apparently, her lease also gives her the owner's phone number to call if anything happens. But the lease does not give a few other vital tidbits: like the owner's e-mail address or a physical address. Just in case.

After all, what could possibly go wrong? Right?

If you happen to be one of my three readers, you will be snickering to yourself, because you know that something wrong happens in situations like these. In this case, when Tony went to deposit the rent money last week he found out the account was closed. While standing in line while the Wells Fargo teller waited patiently, Tony called the phone number he had for his landlord only to find out it was disconnected. And after probing a bit farther with the teller (who could have just told him this to begin with), it turns out the owner is deceased.

And that's when I got a phone call.

Technically, Kathy and Tony have not been officially notified about the owner's death. In fact, after I dug around on the ole' Internet for a while I found out that 1) the owner had resided in Miami Florida, 2) He died in January, 2015 and 3) it was a "tragic death", though I don't have any real details about it. I can also tell you he was self-employed and had heirs.

There are legal reasons I don't want to get involved with this. It isn't that I don't like these folks, but there are legalities associated with my real estate license, so I am not advising them. However, I have told the where to go for the information they are seeking. I did tell them if it were me, I would hold on to the rent money and not to spend it. They owe the money. But then again, they are owed their security deposit when they leave if they have fulfilled the terms of the lease.

I called Kathy today to follow up her and see how she was doing with her new news (I was morbidly curious). At this time they have decided to stay--though their lease is up at the end of July. Their thinking is that someone will eventually officially notify them, whether it is a family member, the bank telling them the home is in foreclosure or a probate court.

They are also setting aside the rent money so that they can show they have tried to pay it. They have written a statement, attached it to this month's rent, saying the owner had refused to give them his address or any way to get in touch with them other than a disconnected phone number. They put that in the same envelope as the rent. I am not advising them on this one, but I did tell them to call me when they are ready to find another home.

So, fellow landlords, it might be a really good idea to give your tenants a few ways to contact you. And, it might be a good idea for your heirs to contact your tenants in the unlikely event something unfortunate happens to you.

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