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Posted about 10 years ago

The Death of a Landlord...and What you Should Learn From It

Normal 1405480172 Crime Scene Tape

Brandon Turner recently stepped into the shadows to cast a light on a part of the investing world that we don't like to talk about.  In his article "Why are so many Real Estate Investors Going Bankrupt?", Brandon relates an all too common story of the financial ruin that lurks just out of sight ready to leap when you aren't paying attention.  And, way too many of us don't pay close enough attention.  Today, in Louisville, we went beyond the shadows into full-on darkness as a landlord was shot and killed by a tenant during an argument over a $60 utility bill.  Let that sink in.  

As word of the incident ripped through the local investor community, it became hard to focus on anything else.  Thoughts and prayers for the family left behind mixed with a bit of soul-searching and the unavoidable "what ifs?"  What if this or that had happened differently?  What if the argument had happened over the phone? What if... it had been me?  That particular one is both challenging because of the implications and simple because of the way I run my business.  The truth is I would never be in that particular situation and you shouldn't either.    

Here's 3 Policies Every Landlord Should Have in Place  

1) You are the Property Manager not the Owner

The Property Manager works for The Man.  He wants to help, but has to follow the company procedures.  People appreciate the fact the PM tries to intercede on their behalf with the Owner and they understand that some things just don't work out.  The PM has to follow his boss's orders just as they have to listen to their boss's.  

The Owner is a soulless son-of-a-bitch who only cares about making a buck.  Owners make decisions and can be held responsible.  No one wants to see the PM suffer, but they sure as hell love sticking it to the Owner. 

If your cards say "Owner", "President" or any other vanity title, change them.  If you introduce yourself as the such, stop.  Be the PM who represents the Investors (plural).  

2) Payments are made at the Office, not at the Property

There are all kinds of reasons that you should never travel around collecting money; none more obvious than what occurred today. There is a reason (valid or not) your tenant didn't make their payment.  Have that discussion on the phone.  Backing them into a corner on their home turf can be akin to poking a caged animal.  Most will make excuses, beg forgiveness, etc., but every once in a while, one will snap.     

Whether your office is a physical location (other than your personal home) or a PO Box, that is where ALL payments are made.  The only allowable exception is the security deposit and first month's rent.   (Everyone is happy when they first move in).

3) Have a Good Attorney (and use her)

When my tenants don't pay, they get a 7-day letter.  (This is the requirement in Louisville.  It may be different in your area).  Now, I am admittedly a little lax on the actual day the letter goes out, but the rest of the process I follow very strictly.  If payment is not received in our PO Box by the seventh day, the Owner sends the file to our attorney.  At that point, the PM is no longer in the picture.  It's in the hands of the legal system.  In our area, it costs $140 to evict someone.  If you get to this point, there is no better use of $140 than having your attorney handle everything.

What happened this morning was as senseless as it was tragic.  I don't know what causes someone to turn a gun on another person, but if I had to guess, this tenant was going to shoot someone today.  The landlord trying to collect $60 was the final straw.  If it wasn't him, it may have been the mailman or a noisy neighbor.  No one blames the landlord here but, it's hard not to ask, "What if?" 


Comments (7)

  1. I know there is some controversy regarding your first point, but I strongly agree with it. Yes it's a little dishonest (you are the property manager as well as the owner, so it's not really that bad), but you need to be able to pass the blame off to the owner and "company policies" otherwise all their rage is directed at you. Usually it's just uncomfortable, but sometimes it's downright dangerous. My friend got threatened pretty seriously by some meth heads he inherited at an apartment building in Dallas that he unwisely told he was the owner. Luckily, that turned out alright unlike what happened here.


    1. Andrew - A little controversy is good at times. Hopefully, it makes people think. At the end of the day, few decisions are completely black and white. In my case, I view the protection of myself and my family to be of paramount importance. To me, not mentioning that I am the owner or part-owner helps that cause. (Technically, any property that I have an interest in is owned by a LLC or Land Trust). That being said, I also believe in disclosing all material facts. Info about the property is material. Who owns it, is usually not.

  2. I am in the process of getting things set up on buildium and acting as the PM rather than owner so that future tenants won't know I am the owner.  New mailing address besides my home, registered business name even though still sole prop, transferring ownership of current properties into land trusts and using land trusts for future acquisitions, interviewing attorneys to have ready to go etc. Getting rid of all personal aspects and making it purely business. 


    1. Chris - I think these are all good practices (especially changing your mailing address from your home) that will help you in the future. Doing things a business does leads to developing great systems and helps protect you and your interests.

  3. Yes the dispute was over an electric bill so the landlord cut off the electricity to that one unit. Not something permitted within landlord tenant law:

    http://kyjustice.org/node/549


  4. Wow, that's crazy. So sad to hear this happened. I agree with what you write completely. Let the court system take care of it.

    Local news also said that the LL cut the electricity, that is also not a good idea, people can go crazy and all it takes is one incident to ruin your life. Better to just send the notice and evict if needed.


    1. I didn't see the part about the LL cutting the electricity.  That's a bit extreme.  Nowhere near getting killed in retaliation extreme, but, as you mentioned, definitely not a good idea.  The system is painful, slow and generally favors tenants, but if you keep your i's dotted and t's crossed it does work.