Topic: DOING THE RIGHT THING?

Sometimes in the Apartment management we have those special situations and it calls for making a special call, even though the rules maybe set as to what to do.

This is a story of a family that has a lease contract and they have been given a home because of a special service for disabled veterans. The family gives their 30 day notice and in the leasing contract it says that the management company can show the apartment to perspective renters in those 30 days.

Somewhere things jump ship and the family is saying that they can, but only with a 48 hour notice so that special arrangements can be made for a disabled veteran that does not handle being around strangers well at all. Somewhere in there the management company took this as a I do not want to show the apartment at all. Told the owner and the owner said take the house off the market and they need to move out in the 30 days, no exceptions.

The volunteer group said that the new place may not be ready for another 30 days past the time the tenant had put in. To complicate matters the time frame the current tenants would be locating then would be low season for the apartment. The owner may lose money if he allowed the current tenants another 30 days. Month to month was refused and it was you can stay with another years lease.

So you have two sides? Can there be a comprimise and what would be the right thing to do in this case?

This sounds like a "request for accommodation." Here in Oregon, if a disabled person requests an accommodation, the request MUST be considered, and if it is reasonable, must be approved.

I think that a request for 48 hours notice to show, or request to go MTM until the new place is ready, are both reasonable. I am glad, however, that I work for a management company, so I don't have to make the final decisions!

Unless the tenant is bed-ridden, I don't know why they would need 48 hours notice. Just put him in the car and take him for a ride until the showing is finished.

The right thing to do is do what is best for the owner of the property you manage. You have a legal and ethical obligation to look out for their best interest.

I would tell the tenants to put any request in writing and forward it to the owner. Let them make the decision, it's their investment.

Our job can be tough in matters like this, but the right thing to do is look out for our owner's investment.

Just playing devil's advocate it was to make arrangement for the veteran that does not handle well being around strangers. So we know what our duties are as managers/management company to the owner, but do we read what our responsibilities are and just stick with that or do we go the extra mile and request ourselves on the tenants behalf to the owner, but letting the tenant know you are doing this because you do not have the authority to make these changes unless you get approval?

One can win the battle and have the law on their side, but in the big picture what kind of PR does one get by just looking out for the owner’s investment without trying to work something out to accommodate the service member and their family?

Very emotional issues for some, very here are the rules and that is it by others, we may have an exception here by others and what can we do to make this thing easier? Does that involve getting the management company and owners to try and work with the tenant that has never been a problem and always been paying their rent on time?

How would the community at large look at this if it hits the news? Are they going to be sympathetic to the Management Company and owners, or are they going to side with the family? What impact can this one incident have on the occupancy levels because of bad press?

"It is right and just." Words to live by on a personal level, to be sure. Words that may cause conflict in the business world? It does not have to be that way. I think that the moment the family alerted the management company that the disable veteran needs 48 hours notice to show the house is enough to mandate reasonable accommodations and that should suffice. The request need not be in writing. It can be verbal or written.

The Management Company should inform the Owner of such. In my experience, when those who list homes for sale often ask for little quirks when drafting the listing contract and having 48 hours notice would be seen as that. Does it make it easier to sell or re-rent the house? Maybe. But that is the condition of the contract. Forthy-eight hours notice is not really unreasonable in my opinion.

People decide to move all day long every where in America. As renters, when the contract expires, there is usually a provision spelling out the terms as a holdover which usually involves paying market rent plus a month-to-month fee. If there is no such provision, if I were that family, I would consult with legal aid as to the family's rights of occupancy.

Now, as to the company's right to relet the house: Absolutely, market the house and its expected move in date. Line up Prospective renters for showing appointments but be smart about it. I have rented to people moving cross country into houses and apartments they have NEVER seen because I can show them photos, have a credible listing video to provide, and paint a picture of the property and neighborhood. The Management Company should take the challenge and make every effort to work with that family. Of course, there should be some time line as to when to expect the house to come back, clean and without damage and any other accommodations returned as found at move in, but life is short and in the long journey we travel, the Management Company should give a little.

Just as a morsel of food for thought, I have worked with Residents in difficult times, during job losses, during illnesses, and during the stressful building process. No one's story is exactly the same. But I like to think rational thought and good, clear commmunication results in workable solutions.

I wanted to thank all to this point that have put in their thoughts on the matter. Everyone is different and how they approach a problem or situation may not be the same. Sometimes there are many roads that lead to the same results. The road to get there may be easy, or littered with problems, and casualties, before getting to the end.

There are those which place their management company above all else and the rules are the rules and that is final! But there comes a time when one may have to step back and look at the whole picture and say hey, when do we have compassion and empathize with the renter? How would I want to be treated or my family if they were in that situation and what would I do or expect for others to do?

Now if one is to believe in Maslow's Hierarchy of Needs Theory then Physiological needs: These are the basic requirements for human physical survival. They include such essentials as food, water, shelter, oxygen, and sleep.

So, shelter is there and it is going to be a very complaint driven area if things are not going right and emotions tend to get very high very quickly if the issues are not addressed and solved. I have seen people come out right from the start and they go for the throat. Manager either panics, or gets aggressive and fires back. Things spin out of control and not one is listening.

I started this topic because I see where problems could have been avoided many times. Managers are in a position of power/influence and can have a huge impact in many areas and on many lives. I have seen management teams that have developed a them and us kind of mentality and when this happens it becomes a lose, lose situation for everyone concerned in many cases.

Now, I know there are those tenants that are the tenants from hell and sometimes were from day one. I always caution the management does not let a couple of bad apples make you lose sight of the good people and the good deeds! Do not let the bad apples drive compassion, empathy, and common sense out the window!

If the disabled person needed 48 hours notice, they should have asked for that up front in the lease. How would the tenant take it if you changed the terms of the lease at this point?

My suggestion would be for the tenant to wait for the home to be finished, move out, and start the 30 day clock. If the family leaves the place perfect, the deposit could be used for any rent that is owed for days the property is vacant or you could require rent for that additional month and refund the difference.

You did not define the finances of the new home (given?) but if it's a free house, they should have no trouble paying one more month of rent.

These are suggestions I would give the tenant, but ultimately, the tenant is breaking the lease, the tenant is asking to change the lease for the 48 hours - these are the tenants' problems to solve - not yours - so make them solve it.

When I read your post, Larry, I immediately thought of Nadeen Green's recent blog on that very subject: www.multifamilyinsiders.com/multifamily-...e-when-they-moved-in

DenverLarry wrote:

If the disabled person needed 48 hours notice, they should have asked for that up front in the lease. How would the tenant take it if you changed the terms of the lease at this point?

Residents are not required to ask for reasonable accommodations "up front". You have no way to know when a condition may have developed or worsened. -Plus the details aren't really our business, just the accommodation and verification it's a need.

48 hours seems pretty reasonable to show an occupied unit. I am very thankful for the company I work for, our favorite word is "reasonable". We strive to be as well as ask our residents to be when coming to us with requests.

I would worry about possible ramifications if you don't work with them.