I have always said that Real Estate is ever changing and fluid...like a river...
So what happens when you, the consumer, gets thrown into the river that is heading over a waterfall?
A friend of mine has her Real Estate license. She currently works at an attorney's office helping people with Loan Modifications. She has seen her fair share of blame laid...First on the consumer, then on the loan officer and finally on the bank. She has witnessed tenants being evicted from their home with no clue or forewarning. It has made her miserable!
She is also a homeowner and landlord.
From the very beginning this tenant/landlord relationship has been tumultuous to say the least!
The tenants bounced checks the first three month which spiraled into huge check fees for her. She called to no avail to find out what was happening. Finally, one of the neighbors clues her in...Mom's been arrested...going away for 3 months...dad's back home...what to do?
She doesn't throw them out, or give them notice...she works with them..."Let's make payment arrangements...Tell me if you can't make the payment so that I can cover it for you"....etc.
But this last month was the final straw. Once again, no rent paid...she is two weeks into this.
No returned phone calls.
Finally she sends a certified letter.
"Dad" is now offended and feels threatened so has hired a lawyer!
Now, if she was a client of mine, I would walk her through this, be a shoulder to lean on and give her some sane advice...BUT...she is a friend of mine and it is difficult to keep my Realtor hat on! My first reaction is to tell her to lock them out of the house!
NOT GOOD ADVICE!
So, I calm down and say to her..."Now is the time for you to set up a consultation with an attorney. They are the only ones qualified to advise you on what steps you need to take legally. There's a process involved, and doing what I WANT to suggest will only complicate things.
I felt good that I detached myself and quickly put on my Realtor hat to offer sound advice...but that doesn't mean that I'm not miffed about her circumstances.
She was doing THEM a favor and this is what she gets? As a Realtor, I have to stay calm and say, "These things happen. Here is the name of an attorney who may be able to help you".
So I ask YOU...who's "rights" is it anyway?
Can you blame the tenant who has had a less than stellar record with regards to a payment history for hunkering down, not paying rent and consulting an attorney to see how long they could stay in the house rent free?
Do you blame the Landlord, who should have consulted with an attorney at the very beginning to protect herself from what has just happened?
Do you split the blame up the middle?
What are YOUR thoughts?
Amanda Wernick
FUN-omenal Realtor
