Landlord Asks Mother To Pay "Early Termination Fee" After Son Fails To Honor Lease By Dying
Debbie Eckert cleaned out her son's apartment after he died in a February fight, but the landlord, CCRT Properties of Brookfield Wisconsin, thinks she should pay several months rent and an early termination fee. The Wisconsin Department of Consumer Protection says that CCRT can pursue the 24-year-old teacher's estate, but that they have no right to heartlessly badger his mother.
"I thought they must not understand that Colin was killed. But no, they understood completely," Eckert said.
She said the apartment's property manager told her that they knew Byars had been killed. But the woman told Eckert the management company had been advised by their legal representative that they should go after the rent and fees.
"I said you might be able to do this, but should you do this?" Eckert said. The early termination fee makes her especially angry. "How was my son supposed to know he was going to be killed?" she asked.
Eckert says she isn't upset. "I just wanted the community to know how ruthless and heartless these people were."
Landlord demands dead victim's late rent, fees [Kenoshaw News]
(Photo: Kevin Poirier)
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Comments:
@Megladon: Yeah, this is horrible. Even if this company is legally correct, it is morally wrong to do this.
The PR hit they are going to take is going to cost them much more than the money they'll make in getting rent/fees from the dead kid's estate.
"had been advised by their legal representative that they should go after the rent and fees."
Then they have poor (and heartless) legal representation that needs to be replaced PRONTO. Their lawyers have just made them look horrid to the entire country. GOOD WORK!
Oh man, these guys suck.
It's just like any other debt, they can go after the estate. They go after mom as the executor. It sucks, but welcome to America.
Legally they are in the right to go after the estate, but they can't badger the executor. If she has a good probate attorney or tax attorney helping her they should be able to negotiate a lower settlement fee.
@PLATTWORX: Though they are legally entitled to shake you upside down to claim whatever falls out of your pockets.
Property manager Debbie Marko wants two months rent, late fees, and an extra $660 for early termination of the lease, a grand total of $2,060.
CCRT Properties sent a letter to Byars' estate and Robert Macedo, his roommate. Macedo says the lease states that if Byars should leave the apartment, Macedo would have to leave as well.
Was a reading a bit more into the story and thought I'd share.
@Megladon: Not even the first in the while. It was only 2-3 months ago we had the story that involved the people who where murdered on christmas morning, and one of the victims families being pursued by their landlord despite knowing he was murdered.
Shit like this scares the crap out of me if god forbid me and my wife die and my parents have to deal with the landlord. I would like to think we have a decent company, as I have never heard complaints from my neighbors or families of some of our older residents who unfortunately pass on. But still in this age of "let my lawyer deal with it" its scary stuff.
I used to kid around, but I am really starting to think there IS too many lawyers in this country. Only then would it explain seemingly human interactions turning into constant legal battles.
@aja175: except in the past, you didnt have statements like "my lawyers decided we can gouge you."
The problem here is, America USED to be a nation of proper people. It used to be you knew your landlord, you where usually good friends with them if they where decent people. We didnt have massive companies controlling 10-20 apartments with no care of the residents as long as the rent was in.
The idea that this is what America is, is a bullshit statement. Because its NOT what this country was, not until the 80's and the me generation.
Oh aaaand btw.
WAY TO BLAME THE VICTIM ASSHAT.
@PLATTWORX: Sounds to me like their lawyers are doing their jobs. It's legal representation, not a PR firm.
Honestly, I feel bad about the situation. It sucks. They need to get a lawyer. Usually the estate holder can tell them to get lost (pending there isn't all that much money left over). Maybe the estate holder already did that and now trying to collect from their parents
THEN contact/meet, not just email or wright, your local and state lawmakers to tell them that this law need to be fixed or removed. Similar laws like this are in place in many states.
Legally right, morally wrong.
CCRT Properties
12690 W. North Avenue
Brookfield, WI 53005
Phone: 262.785.0300
Fax: 262.785.5561
@Jim Topoleski: He's not blaming the victim. blaming the victim would be "It's his fault for dying without 30 days notice".
They have a right to go after the estate for March rent (his stuff ywas still there until mid-March), but the rest is pure greed.
Landlords are evil, thanks Captain Obvious.
@aja175:
Please explain to me how that's blaming the victim? I really don't understand.
"The idea that this is what America is, is a bullshit statement. Because its NOT what this country was, not until the 80's and the me generation."
So because you believed America WAS a great place in the 70's - it can't be a completely different place 35 years later? Some might be inclined to argue this country has changed for the worse since the 80's. Maybe they're imagining it, this place is EXACTLY the way it was in the 70's
Hey, the Dead are still touring, why don't you go see them instead of trolling blogs to bitch about the way it was.
@rpm773: Contrary to popular belief, lawyers are allowed to possess a soul. This firm clearly doesn't, and neither does this apartment company.
I don't understand how the mother could be in any way financially liable for anything unless she co-signed.
Willing to ware the dunce cap if i missed something.
@Jim Topoleski: Hmmm. If I understand you correctly, you're saying everyone was friends with their landlord until the great tenant/landlord schism circa 1987, out of which rose to prominence large, never-before-seen apartment complexes run by greedy management companies. Uh huh.
@bball123h: They are allowed to possess a soul, and many certainly do. However, if I'm retaining their services, I'd expect them to provide legal counsel and not moral counsel.
@rpm773:
I used to hang out at my landlord's moms place on weekends, went surfing with him, went to his place for thanksgiving!
Damn that 1987 great tenant/landlord schism!
Really tho, my building super invited me to go wake boarding this season, but that sure didn't stop him from raising my rent and adding to my security deposit this year.
@PLATTWORX: As odd as it seems to be defending lawyers it doesn't sound like the lawyers demanded someone go hound the mother. Someone in management had to decide it was a good idea after the lawyers told them it was possible.
wait wait. he had no MONEY or no ESTATE. they're different things. Estate in this case doesn't necessarily mean money or home or assets. Dude died, he had no assets but he still has an estate to settle.
Maybe IL real estate law is different from NY, but here the most they can do is take a judgment against the estate. If the estate has no assets, well, tough.
@Distahs:
She is not responsible. What will end up happening is they will liquidate his assets and if they have any money they get will pay the bills. If there is any money left after the bills than the mother can get it. The worst thing that can happen is the mother gets nothing.
@Distahs: i believe she's the de-facto executor of her son's estate so they, the bloodsuckers, feel she should set her grief aside and deal with the estate "issues".
This is a lesson for everyone: You should get a will and identify an executor, who's not emotionally attached to you, so they'll be able to deal with vampires and vultures while your family deals with their grief.
I suggest that they go after Martin Walker for the balance. If anyone is responsible for termination fees, it's this guy.
@Distahs: The mother is not responsible, but the son is. Presumedly the son had some savings and/or property that the mother took possession of upon his death. The company has the legal right to claim $2,000 of it, so they're contacting the mother to get it.
Most likely it'll be settled for a reasonable amount that's fair to both sides. (Yes, everyone hates the evil company, but it's not fair to them to lose money because of this either.)
@TEW:
That clears up a lot for me, as I had always wondered if I would be somehow responsible for my parents' rather large amounts of debt were something to happen to them. Being young and new at the finances, that was a scary thought. ._.
@aja175: "Eckert said Byars, who was only months into his career when he was killed, had no estate beyond his final paycheck."
@JeffMc: That's what I was thinking. The lawyers said "Yeah, you CAN, but..." and the manager said "ZOOM!"
@aja175: Jim Topoleski's assertion that you are blaming the victim is obviously idiotic. I think his larger point (if I am gleaning it correctly from his tirade) is that we are a less civil society than we have been in the past. To this, I agree. And as a perfect example, I give you Jim Topoleski himself.
@Jim Topoleski: You are absolutely wrong about "the good ol' days". America was never a nation of proper people, and you're very wrong to think so. You honestly think that a hundred years ago everyone was best friends with their landlords? You don't think there were slumlords and giant complexes of apartments?
Does the actual owner of the property know how their management company is handling things?
People there should boycott this management company's properties and do so loudly.
Right, but estate does not necessarily mean the person has any assets, liquid or otherwise.
When someone passes away a legal entity is created called an estate. Any assets the person had now belong to the estate. Creditors have to sue the estate if they want to get paid. If the estate has assets then they get a piece, along with any other creditors. If the estate has no assets (such is the case here) then the creditors get nothing.
In this case I believe the creditors are going after the executor of the estate (mom) to push things along, but mom is not responsible for that debt.
This is a PR disaster for this leasing company and kudos to the Kenoshaw News for exposing it. Hopefully, this company will wise up and do the right thing.
This just proves people in real estate are scum.
The company should retract its position immediately and try to save some shred of decency. Even if they collect, they'll need to spend the money to fix the public relations disaster they've created.
Maybe we're not on the same page, but I still don't understand how that's blaming the victim?
Mom lives in the US, and therefore has to follow the same rules the rest of us do. The situation sucks, I feel for mom here, but when my dad passes I'm going to have the same bloodsucking lawyers calling me. You will too. The best thing you can do for your family is to name an executor that has no emotional ties to you. Nobody wants to deal with these types of situations, however the fact remains that it's coming.
When my good friend's father died his dads creditors called him for months after. Some went as far as telling him he was lying and demanding payment from him or an address and phone# for his dead father. He finally started giving them the cemetary phone#, address and plot#
So I stand by my statement. The situation sucks, but welcome to America. That's what this country has turned into since the 70's when people were decent to each other, man.
Can't get blood from a turnip, unfortunately. They probably understand that this poor guy doesn't have an estate, and decided their only shot at getting the money was to ask the mother. (Or, hound in this case.)
It's not the first time bill collectors have gone after the wrong people, and certainly not the last. They want to make sure they get their piece of the invisible pie.
This poor woman. Isn't there any legal ramifications for this place if they keep harassing her?
@HiPwr:
Well it wouldn't even be so bad if dude would defend his statement. He's not my dad, "because I said so" doesn't fly anymore.
He's right, people suck lately. Fair enough, but pining for a time long past doesn't change the fact that bloodsucking lawyers and collections dweebs will do everything they can legally do (and then some) to get that commission for collecting on that debt.
This happens constantly and it's not going to change because that dude misses the 70's.
Having worked in a leasing company before as a building manager, here's how it works.
You have a tenant, who for some reason, needs to vacate the property. Their death, someone elses. We had one woman have a stroke and become paralyzed and went into a nursing home. Whatever the reason, We're not making our rental numbers. that upper management wants to see for income coming in.
Most tenants, or families of tenants leave the property spotless. Also rent is typically up to date. In the event of a death, any past due amounts we can NOT pursue with the estate on rent, but we can pursue the remainder of the lease. Which is what it sounds like here. Most of the time, the remainder on the lease is more than the past due.
Sadly this isnt the first time we've seen this on the consumerist, first in a while, but not the first by far.