Parents have many opportunities to teach responsibility to their children. If started when young, children learn through modeling how to be appreciative and responsible. How to take care of not only their own things, but the things of others. They also learn how to be sorry when they damage or hurt something that belongs to someone else. Part of this learning process involves making kids take responsibility for their own actions, and not bailing them out when things go wrong.
A perfect example of this recently happened to us, and the saga will continue. As many of you know, we own a few rental properties. We have always rented to folks with pets, because we have pets and we appreciate how wonderful it can be to have a 4 legged companion.
In August of last year, two of my best ever tenants (thanks Matt and Megan!!) decided it was time to move on, and after 2 years, gave me their 30 days notice on one of our little houses. We all met at the house on August 31st, did our final walk-through and I wrote them a check for the return of their security deposit, along with a little extra for some things they had decided to leave behind, and wished them all the best on their move. Oh yes, they had a dog who was wonderful and never did a bit of damage!
The next day, a girl, who had contacted me in July from out of state, signed her lease and moved in. Originally, there was one dog involved, but since signing the lease, she had aquired another one, so I charged her the extra $100 pet deposit, and she moved in. Oh, I neglected to mention that I had given her a $75 break in the rent, because her husband was in Iraq and I felt it was my duty to support the troops, since they are risking their lives to keep us safe and free….anyway, I digress…
The first few weeks went fine, then I started to receive phone calls from the elderly next door neighbor. He complained that the dogs were messing up his yard, and ripping up my yard, and that he thought they might be wrecking the blinds. I called the tenant and she assured me that she was cleaning up the poop, sweeping the sidewalk, and would replace the blinds when she moved out, because, yes, they liked to look out the windows and had wrecked the blinds. Being trusting, and not wanting to intrude on her privacy, I trusted that this was true. The phone calls from my neighbor continued, and I sent a few emails and stopped down there once. Yes, the yard had some holes in it, but mine does too, so again, I tried to give her the benefit of the doubt.
A few months went by, and now we are in the dead of winter…January 6th, 2009, my phone rings and it is a Winona police officer, sitting outside of the rental house. Can we please come down? There is a dog hanging by a chain out of a broken living room window. Yes, of course, I said and we headed down. Indeed, there is a dog, who has broken the glass out of the window, hanging by a chain! The police officer is afraid to go near it. It is a big dog, and it does not seem happy. I am not going in! I am unable to reach the tenant, her phone has been disconnected, so I know that her parents live in town. I ask the police officer for a phone book. look up the parents number and call the dad. He arrives in about 1/2 hour with boards to cover the window. He doesn’t want to let us into the house for some reason, so I peek through the living room window, and my heart goes up in my throat. The carpet is all removed from the house. There is dog pee everywhere, up the walls all over the floor….the woodwork is chewed up to dog face high….this is a house that was in nice condition on September 1st, and now is totally trashed. The front two windows are scratched, and the blinds and curtains wrecked.
I never hear from the tenant, only her parents. They assure me that they will put the house back together. They will replace the carpet, and paint, and get the woodwork back to the way it was. This is of course a stipulation of the lease, that you will leave the house the way you found it, so they do the work.
In the meantime, a variety of serious personal issues arise, and this in the middle of tax season, has now become to much for me. I end up at the clinic, needing anti-anxiety medication to function through the day. Still, I am not sleeping or eating and the stress is breaking me.
I make arrangements to get the windows of the house replaced. On February 2nd, I receive an email from the tenant, that she is not coming back to the house, so I should rent it to someone else. Ok, I say, but you will need to pay rent until I can find someone, and the security deposit will cover the windows and other incidental repairs that were needed in addition to the carpet and paint. Ok, she says, that is fine.
The carpet goes in, and is definitely not of the quality of the original carpet. Instead of all matching carpet, I know have 3 rooms that don’t match. The paint is cheap, flat white from Menards, rather than the professionally done eggshell that had originally been on the walls, but I graciously accept what they have done, and tell them that meets the requirements of the “making it whole”, but of course the security deposit is being held to cover the $1500 worth of windows and the cost for the police call and some other stuff. Ok, I hear, yes of course you will keep the deposit.
I ask the mother if they would like to do a walk-through prior to me renting it to the new family, but no one shows up. I have no address for the tenant, so I walk through the house, make sure it is clean and ready for the new tenants and go home.
I rent the house on March 1st to a new tenant. My new tenant cleans up the yard, and I give him a break in his rent due to the fact that the entire yard was covered in dog feces. They move in, and all seems well for a while. My husband has surgery in the middle of March and my daughter suffers a painful and devastating miscarriage as well. My anxiety attacks escalate….
On March 23rd, I get an email from the parents of this previous tenant. When will they be reimbursed for the work that they did? She asks. Well, I remind, the windows were $1500 and there were some other items, such as replaced locks, advertising etc. due to the broken lease, that needed to be covered, so the security deposit is gone, and there will be no reimbursement. I hear nothing else until May 13th, when I get a Facebook message from the previous tenant “when are you reimbursing my parents?” she asks. I again remind her of the damage and the costs involved to correct the damage done by her dogs. I also remind her that we let her out of her lease 6 months early.
She, in her sense of entitlement, tells me I am being rude to her and should reimburse her parents for the work that they did, but does admit that she is not due back her security deposit. This she admits in writing in this facebook message.
I explain again, that the damages cost a great deal of money, that she was responsible for leaving the property the way she found it, and that although I appreciated the work her parents had done, that truly, SHE was the one who should reimburse them, as they saved her a great deal of money.
On May 18th, I receive an invitation to appear in small claims court!! She apparently is still not comprehending the error of her actions, and “can’t understand why she didn’t get her security deposit back. I feel that we have this one in the bag. We had talked about it with her parents, she has said in writing that she is not getting it back. Is this not pretty clear to anyone reading this?
Well, apparently, she found a “loophole” in the law, that states that we needed to “provide to her in writing, via first class mail” a list of items that caused us to keep her security deposit. Well, we had no forwarding address, so apparently, I was suppose to know where she was living by osmosis or some type of mind reading ability and mail it to wherever she was living (I still don’t know where she lives) Now of course any individual with a sense of responsibility would have never thought to bring such a suit in front of the courts. A loophole yes, fair? Obviously not. So the judge, even with all of this information in front of her, rules for us to give this ungrateful, entitled and coddled little brat, her money back.
Where is the sense of fairness and responsibility? Where is the honesty? This is the same as stealing from us, and stealing from my own children for her to think she is entitled to anything. She should feel sad, apologetic and appreciative that we did not initially take her to court for all of the damages. We decided to just “eat” the additional costs initially, as we didn’t feel that she would be able to afford to pay us back. Although if this had been one of my children, I would have made them not only apologize, but pay for the damages as well.
So what are we doing now? Something I thought I would never do…it is not in my nature…but we are suing her for damages. We will not pay her back out of principle…not ever…and we are filing a suit for the entire cost of the damages.
I would give you the shirt off my back, I would give you my last dollar….everyone who knows me knows that….I had the winter from hell and it continues….all because parents don’t teach their kids responsibility….all because some parents bail out their kids, leaving these kids feeling entitled to that which isn’t theirs.
If you are as outraged as I am about this decision, let me know. Landlords need to stand up and do a few things. It is unfortunate, but a few bad apples spoil it for everyone else.
1. Don’t rent to people with pets, but if you choose to, charge a huge, non-refundable pet deposit and make it clear that this is NON REFUNDABLE!!
2. Even if you think you know someone, call at least 3 previous landlords, check their credit and call animal control to make sure there are no complaints against this person. If they don’t have 3 previous landlords, keep looking for your next tenant. If you hear even a slight hesitation in the voice of a previous landlord, keep looking for your next tenant.
3. Go to the house to pick up the rent each month. Don’t just stand in the door, walk in, converse and look around.
4. If someone ditches you with no forwarding address, send a damage list to the house of yours they were living in. When it gets returned to you, hold onto the envelope that says no forwarding address. From now on, I will be hand delivering them at the final walk through OR mailing them “return receipt requested” in order to insure that some little tiny loophole won’t be used.
5. Don’t trust anyone. Anyone can damage your property, anyone can screw you after you help them, and apparently, some people aren’t teaching their kids any morals or manners.
6. Give your cell phone number to the neighbors on both sides, across the street, and behind. Any call, get immediately into your car, go to your property and go in. You have just cause now. Also record these calls and have a stipulation in your lease as to the fine for each one. Of course, after one, boot them out.
7. Outline in your lease what the cost is for breaking the lease. Charge AT LEAST the amount of the security deposit for a lease break to cover your time and expenses to get in new tenants.
So, in conclusion, don’t trust anyone until they have earned it. You can always decide to return a deposit to someone if you choose, but make sure that you have clearly outlined the process, make sure you are not your tenant’s friends, but your tenant’s landlord.
I know now why landlords get pessimistic. It is happening to me and I don’t like it at all….all because of some people’s kids….