http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=389x6791761Oh my.
Okay, this
might sound sick to some, but franksolich unfortunately had to deal with such a situation some years ago, when an older brother, 40 years old, died in his sleep from cardiac arrest. And so the whole deal's rather dry and detached and clinical to me, not of any prurient interest.
HughMoran (1000+ posts) Fri Oct-16-09 12:38 PM
Original message
"I can't let you into his appartment until you pay $2000 to pay for damage his dead body did"
This is one of the sickest stories I've heard in a long time. My coworkers sisters' 24 year old son died suddenly (they guess he had a complication due to diabetes) and she traveled to where he was living to identify him, have him buried etc.
When she tried to get into his apartment, the landlord said "you can't get in there until you pay $2000 to clean up the damage his dead body did to the apartment."
What a sick bastard - he's holding her sons property ransom while his distraught mother is just freaking out trying to comprehend why someone would do something so heartless.
We were thinking of submitting the story of the "compassionate" landlord to the local newspaper - does this seem like a good idea?
hedgehog (1000+ posts) Fri Oct-16-09 12:39 PM
Response to Original message
1. Would a call to the neighborhood police precinct be effective?
joeybee12 (1000+ posts) Fri Oct-16-09 12:41 PM
Response to Reply #1
3. Agreed...call the police...not sure if the landlord has a legal right, but I'm sure some sympathetic, burly cops simply showing up will make the shithead think twice.
The defrocked warped primitive:
Warpy (1000+ posts) Fri Oct-16-09 12:45 PM
Response to Reply #1
8. Also seconded
The landlord can sue his estate for damages. He can't hold the deceased's property for ransom.
On edit: the only damages he can recover would be his deductible, not the full cost of cleanup his insurance would cover.
MNDemNY (1000+ posts) Fri Oct-16-09 04:30 PM
Response to Reply #8
29. IF he is insured.
roguevalley (1000+ posts) Fri Oct-16-09 03:02 PM
Response to Reply #1
26. do send it to the newspaper. Live by the stupid, die by the stupid.
I am so sorry for this family.
Zywiec (1000+ posts) Fri Oct-16-09 12:40 PM
Response to Original message
2. Wouldn't insurance cover the damage?
The primitive from southeastern Nebraska:
TwilightGardener (1000+ posts) Fri Oct-16-09 12:44 PM
Response to Reply #2
7. Yes. I think this would be considered an act of God. In more than one way.
Landlord is just fleecing this woman.
RoccoR5955 (1000+ posts) Fri Oct-16-09 12:42 PM
Response to Original message
4. Call the local police... It may be illegal.
barbtries (1000+ posts) Fri Oct-16-09 12:42 PM
Response to Original message
5. sounds like a good idea to me
heartless bastard. i would also check with the police to see if what he's doing is even legal.
villager (1000+ posts) Fri Oct-16-09 12:43 PM
Response to Original message
6. absolutely expose this bastard -- bring *all* the pressure you can on his corrupt, whithered self...
wellstone dem (1000+ posts) Fri Oct-16-09 12:48 PM
Response to Original message
9. Call Legal Aid, Call the newspaper
That would be illegal in Minnesota.
Zix (519 posts) Fri Oct-16-09 12:59 PM
Response to Original message
10. Oooooh. Lawyers NOW, I'd say.
She'd so win if she sued.
rvablue (1000+ posts) Fri Oct-16-09 01:02 PM
Response to Original message
11. Yes, call the local paper, the local TV stations and a major metro daily, if there is one within 50 miles of the town -- all of these outlets would do this story.
redqueen (1000+ posts) Fri Oct-16-09 01:04 PM
Response to Original message
12. I'd send it to Olbermann too... sounds like a great candidate for the Worst list.
HughMoran (1000+ posts) Fri Oct-16-09 01:23 PM
Response to Reply #12
19. I wonder if she would agree to this?
She's so distraught she can barely function now. This person has just pushed her over the edge mentally.
Okay, finally the primitives start getting to the nitty-gritty:
LisaM (1000+ posts) Fri Oct-16-09 01:07 PM
Response to Original message
13. What is the nature of this "damage"?
Does he mean the decomposed body? In which case, yes, bust his ass. However, if the son had destroyed the property, kicked out walls, burned the rugs, etc. - that's a different matter.
Warpy (1000+ posts) Fri Oct-16-09 01:21 PM
Response to Reply #13
17. The landlord specified damage caused by the corpse.
My guess is the urine and feces that are released at death plus the smell of decomposition in the carpets, drapes and even the walls. It takes a professional deep cleaning to get rid of it plus replacing carpets and drapes.
He has the right to sue the estate for costs not covered by insurance. He doesn't have the right to deny the family entrance to that apartment.
HughMoran (1000+ posts) Fri Oct-16-09 01:25 PM
Response to Reply #13
20. Rotting body damages
He wants his rugs replaced
LisaM (1000+ posts) Fri Oct-16-09 03:06 PM
Response to Reply #20
27. Fer cripe's sake
Aren't landlords supposed to be insured for things like that?
MNDemNY (1000+ posts) Fri Oct-16-09 04:36 PM
Response to Reply #20
30. I am a landlord, and had this "damage"
It cost over $ 3500 for the clean-up. It is a very real expense. My Insurance "deductible " was $5000,(very common on commercial property). I however, did not go after my tenant's estate, nor did I hold her property "hostage" In fact I refunded all $1500 of her deposit. This landlord aught to be ashamed. (depending on where this is, he may be within his rights, but still , he's an ass.)
elehhhhna (1000+ posts) Fri Oct-16-09 05:21 PM
Response to Reply #13
34. My company cleans up murders, suicides, etc. Here's the deal:
If the tenant had renters insurance, that will pay for the cleaning. Otherwise the property owner's insurance will pay. The "damages" a dead body can cause in a day or two are pretty nasty -- body fluids of all types leak through the carpet, into the flooring, and must be removed, treated with biocide, then hard surface (floor) must be sealed. $2,000 is actually a very fair price, btw. The crew needs to wear protective gear, etc. b/c you never know what the victim's blood contains (HIV, etc.) The carpet has to be packaged and dumped at a certified biohazard facility.
It is my understanding that the landlord can keep the sec. deposit and that's ALL.
It is my hope that she will not be allowed into the apartment UNTIL the cleanup has been very thoroughly completed, as no family member should ever be exposed to such a ghastly mess.
fyi suicides and murder suicides are going up, at least in our area (outside Houston). We've gone from a few calls a year to maybe one a week.
Raineyb (1000+ posts) Fri Oct-16-09 01:08 PM
Response to Original message
14. I don't think this is legal. Call the cops. Go to the paper if the police don't do anything.
Orsino (1000+ posts) Fri Oct-16-09 01:13 PM
Response to Original message
15. The landlord is trying to move to the front of the line...
...and get his alleged damages without having to file papers himself.
Doesn't sound legal.
HughMoran (1000+ posts) Fri Oct-16-09 01:19 PM
Response to Reply #15
16. It's extortion, isn't it?
I can't believe this person could even ask this distraught mother for money, never mind the legal aspects to it
Raineyb (1000+ posts) Fri Oct-16-09 01:40 PM
Response to Reply #15
23. No it doesn't. Unfortunately it doesn't surprise me either.
HamdenRice (1000+ posts) Fri Oct-16-09 01:31 PM
Response to Original message
21. In most places, a landlord cannot lock a tenant out without a court order from housing court
A lockout is called "self-help" and is illegal in most places.
A call to the police in many towns will rectify this situation, and they'll order him to open the apartment or go to jail.
galloglas (1000+ posts) Fri Oct-16-09 01:52 PM
Response to Reply #21
25. Unfortunately, the tenant is deceased...
and the survivor must find a way to legally access the deceased's items inside.
However, it may be well to point out to the landlord that the rental contract is with the deceased, not the survivor... while noting that, if denied access to get belongings, the landlord and the owner (if different parties) could be guilty of violating the property rights of the survivor.
Survivor should go to the County court house to be declared executor of the estate. This will probably be granted if the estate is minimal. Will help dealing with the landlord.
Leftist Agitator (1000+ posts) Fri Oct-16-09 01:37 PM
Response to Original message
22. Call television, radio, newspapers and any other local media .
Picket his property with signs that tell passers-by what a heartless bastard he is.
You can make this asshole very uncomfortable in a short while. I'd suggest that you do.
imdjh (1000+ posts) Fri Oct-16-09 01:42 PM
Response to Original message
24. The bottom line is that the rent is presumably paid until Nov 1, she is the next of kin, ...
... and the death is an act of God. The landlord is a schmuck. Go to the apartment, and if he physically tries to stop you, then have him arrested.
Hawkowl (1000+ posts) Fri Oct-16-09 04:53 PM
Response to Original message
31. I'd just break in
But that is just me. The rent is paid up, you are the heir and you have a right to enter. If he were to call the police, I believe he would lose the argument over the lease. At worst I think the police would agree it was a civil matter and leave you alone.
aikoaiko (1000+ posts) Fri Oct-16-09 04:59 PM
Response to Original message
32. This is likely illegal. The apt should have a security deposit for damages
and if that doesn't cover it, then they can sue the son's estate. But I don't think they can hold property.
Dorian Gray (1000+ posts) Fri Oct-16-09 05:02 PM
Response to Original message
33. Definitely a good idea. I'd also talk to a lawyer about it....
Scare him into letting you guys in.
What a sick asshole.
dembotoz (1000+ posts) Fri Oct-16-09 05:31 PM
Response to Original message
35. have him arrested for theft???
