Avoiding Retaliation

I just came across this article of a current resident that had been served his eviction notice and in response tried to burn the community down. There are plenty of discussions about how to properly evict a resident or how to prescreen for residents with clean eviction histories. It's much harder to be the person that has to set the precedence for a person who deserves their first eviction on what you initially found to be a clean record.

What type of procedures do you have in place to protect your property and other residents from the actions of an irate tenant?

Here is the article for reference: bit.ly/QrF0tq

You have to realize the times we are living in. It is only going to get worse.
Not shocked at all at the article.

Like, Herb, I am not shocked by the article, and in all honesty, that could happen anywhere. I do not think there is a realistic way to accurately predict which Resident may react to his eviction in this manner. All Managers handle their properties in varying ways, so perhaps there isn't a procedure in place for most Managers or Property Management Companies. However, there may be certain ways to mitigate the possibility that someone is going to destroy the property.

It would take a team effort to monitor the activity of the unit's occupants, including having your Security/Courtesy Officers assisting as well. But there is still no way to completely safeguard the unit until the Sheriff posts the notice and escorts the occupants off site.

Here is what I do in the event of pending Evictions when on site. I watch the unit. I have the Maintenance Team working nearby when the Residents are at home. I post a Notice to Enter to complete a pre-Move Checklist (taking photos if necessary), provide the Resident a copy of the Checklist, and inform them of our expectations for the return of the unit. I inform the local police that I want extra patrols in the vacinity of that address throughout the day and night and follow up with the actual on-patrol officers frequently. And ... I watch the unit while in plain sight.

I do not cut off the utilities, or refuse to handle any work order requests. On the scheduled court date and on the scheduled date to move, I am visible in the area. I rarely have evictions, but - you know - they happen. Most Residents whom I have had to evict, generally know why (non-payment of rent) and do not pose a problem and I would not have to take such measures because they come to the Office and tell me when they are moving and it is conducted in a civilized manner. But that is what I do when I have that nagging suspicion something's "off." My instincts are usually pretty good. Recently, I had the person I was trying to evict demand a court trial, so yes, that was a definite indication of a clear and present damger, in my opinion, so I was vigilant.

During the visit by the Sheriff, the evicted person is given their Notice of Banishment/Trespass so they do understand they are not to return to the site or if they do, they can be arrested. Every person being evicted from the property is given this same Trespass Notice. But a piece of paper will not prevent someone from being vindictive, destructive or violent.

I fully agree with Mindy that the best thing you can do as a manager is to have a clean and legal approach to the eviction actions you take. These actions may have to be presented in documented form to a court of law. Always insure you document everything and leave nothing to chance. This is your only reproach against this type of situation.
Another thing for managers to do is become educated on the "here and now" of how things are in this world. Gone is the "norm" of what we used to know. Fight me on this or not, it is true. Go back to September 15, 2008, and track your country forward since then. 15/08/08 was the full tilt economic crash, which drove away jobs and put one hell of a lot of people into full scale disparity. I am not trying to be political, just throwing out facts and the way things are. Sometimes Americans are the last to accept bad things are happening. I do not claim to be a gloom and doom merchant, but I can see the handwriting on the wall. I do try and keep a sense of optimisim going however.
As I said in my above post it is only going to get worse, and people need to realize it.
As a manager, know this is possible, and double check everything, maybe even four (4) times. If you don't think things are different now, you ain't livin' in the real world.

Gerald Celente: “When People Lose Everything, They Have Nothing Left To Lose, And They Lose It”

Mindy and Herb are on top of things and correct!

I always try to learn my tenants. Sometimes when they fall upon hard times we have ways of getting them through those hard times. Now I know that there will be those that may judge what I am about to say, but people that come to me and let me know they are in trouble are people that fell upon hard times for the most part. I look for ways where we may be able to get them assistance. Sometimes it is possible sometimes not. Sometimes other tenants in the community will let you know someone is having a hard time and you can short cut their missing rent.

But I find when they see you are also trying to assist they tend to work with you more. When the community know the kind of manager you are they have a tendency to help you look out for things and may even warm you of a pending problem.

Eviction is terrifying - I've read articles where police officers were shot and killed, Maintenance Tech and Leasing agents Verbally abused, Managers threatened with actual physical violence, etc. Frist, most residents facing eviction see it as unfair. Others take it more personally, and feel that they are being attacked or threatened. All of them are defiant in my experience, and similar to how humans deal with death, they will deal with an Eviction in nearly the exact same manner. Denial, Bargaining, Confusion, Rage...It's all there. Knowing your residents is probably the best way to predict how they might react initially. In the smaller (less than 100 units) multi-family properties, it's very easy to do, and only takes a little time. Your Maintenance Tech is most often the Key person on your staff who knows the residents best - they interact with them on a daily basis. Next, is the Leasing Agent (if you have one) who spends time with them during their application and Lease Signing, and on the telephone during their residency. It is important you know as much as possible without crossing the Fair Housing Line of questions. Most often, you can pay attention to thier body language and how they speak and what they speak of to guage who you are dealing with. Approach is often the difference between a gun to your face or a property in flames and them quietly packing up their possessions.

The first basic need is food, shelter, and water! When a person is being evicted even people that were mild mannered before may turn into someone you never faced before. You will more than likely get two different reaction of a person that has just themselves rather than the head of house hold whose family is depending on them to provide.

Those that are head of household may have a tendency to get a little more fired up. I say yes knowing your tenants is good and in knowing them, knowing their family status. There are normally warning signs before hand and when you see them, it is a time without saying they are in trouble, but maybe have little things put out to the community of certain services that are around to assist families.

Looking for innovative ways to help if possible without getting into any fair housing issues or putting a person on the spot where it looks like they are accepting handouts. Sometimes local churches can work wonders where no other organization can.

Just a couple of brainstorming approaches that may or may not apply.

Reddle me this: Why do those whose basic need is Shelter treat it so badly, and ignore the primary responsibility?
Answer: Bewcause the Government has become the breast to which we suckle, and tells us that we're entitled to it. That's right, Entitled.

The Average American believes that and we've grown accoustomed to giving up so much that we lose the basic principles - If you Can't Pay, then you Can't Stay. If you cannot abide by the Rules, Lease and Community Policies, then you Can't live Here. when you break the Law, you are subject to the Punishment in accordance with the crime.

Americans are greedy, and want to put in very little, yet desire as much as they can get. It's the same with Renters - we stand a 50/50 chance of getting someone who actually cares - It's awlays a gamble. Screening, Background Checks, Rental Verifications, these tools help us make the decision, but tell us, in truth, less than 30% about the person applying.

I think that we have to be careful not to punish the good people who are trying to do the right thing for the action of the few that are trying to get over. Yes there are those who will try to get over, but there are also those who fall upon bad times. Sometimes bad things happen to good people. If we work in a position for so long and seen enough bad it can be that our hearts get hard. If we look for the worse in people we will more than likely find it because that is what we are looking for. Americans are also a very giving and compassionate people and more than any other country Americans give the most.

This profession like others that deal with people can make our hearts hard. It can be a gradual thing and we not know it. I always do a test. If I was in a position where this happened to me, what would I do, what would I expect from those who have the power to say yes or no?

Power has the ability to make us hard as well. My own personal deal was the more power I had, the more I listened and tried to empathize with those I was dealing with. I always told my staff your job is not to say no, but look for ways to make it happen as long as it was ethical and legal. If after all that, then pass it to me and let me be the one to say no. Reason, maybe through my experience I know a way and it gives another set of eyes giving that customer another chance and if it is possible, we would find a way.

I always tell the story of my father who was a good man, we were poor and he was a hard worker and when the owner of the farm sold it, my Dad was hard pressed to find work and in the mean time we ran out of food and every turn he was not getting work and we had nothing to eat. The concerned teachers at my school came by and my dad was too proud to tell them the reason I had not been in school, but my mom told them. They came back with the community and a priest. They brought food, said my meals were taken care of in school, got my dad work. Now later I found out that, that evening my dad was going to rob a grocery store to feed us. You see my mom was pregnant at the time as well. Bad things can happen to good people. I always think back to this when I have someone in front of me. A head of household will do whatever they can think of to try to make it right and it is not always within the law.

Being hard, but fair is good, but never leave compassion out of the equation!

Nate, I am so impressed with your above post. It is nice to hear from actual human beings on an internet forum. It is quite evident to me that your a man of experience and wisdom. Thanks for your comments.

I once remember a saying that I cannot place exactly but it went something like this:

"How can I, being rich in this world's goods, deny my brother assistance when he is in need"?

Maybe someone here will recall that saying, and let me know where I saw it.

Thanks Nate!!

Hello Herb!

You are welcome and I am just another knucklehead out here trying to make it. I hope that my words touched the right people. Our very actions can often time stop people from putting irrational thoughts into reality and making it a nightmare for others. Never had to yell, curse or scream at my soldiers and I got more accomplished than my counter parts. Had the lowest Art. 15 rate because I had what we called School of the Soldier and I took their time as well as the supervisor. They had to graduate if not, I say them the following Friday evening through 23:59 hours that Sunday. Word got around and people did the right thing the first time around.

There is a vast difference in some situations though when it comes to the proposed cause of an eviction. Nate, what an awesome story! Your father was pushed to his limit and he was a proud man trying to take care of his family. It is wonderful that there was someone who reached out to your family in a time of great need. This is different from the person who has "grown accustomed to playing the system" of scamming through by simply NOT paying the rent because he knows and understands he can essentially live rent-free for 2-3 or more months depending upon the time of year of the pending eviction. Big difference.

It seems to me it just comes down to communication. And maybe experience. There are times when understanding and compassion are required! And then there are times when someone deserves a swift boot out the door. Until you have walked in someone else's shoes, you just can't predict how you will handle the same situation.

Hello Mindy, and you are right on all accounts. Mine was to word of caution to those in power, to ensure that they are no hardened by those that take advantage (which I think that is a small group) over those who are trying to do the right thing and they are looked upon with disdain. It was that bad things can happen to good people and to not lose sight of that. By no means am I advocating not dropping the hammer on that tenant trying to take advantage of the system, but not to get the two mixed up because of a hard heart.

Being a manager is a hard position in multifamily (preaching to the choir I know), but it is the human factor we never want to lose when dealing with people and I for sure understand those that will try to use the system, I just to not want to look at or treat the good who are trying to do the right thing, like they are scumbags and deserve no less that to be out on the street.

Hey, Nate - absolutely agree!!!! When I first found this site there was a post by a Training Director who was upset with a Manager who did not follow their company policy on posting a 3-Day Notice to a resident who was late on rent that month. I think the episode kind of escalated and the company was going to lose thousands. Her point was more about why people don't follow posted procedures after being trained on them. I am like you - but I learned it working with income-based Residents - there are community resources that all professionals should utilize and they should HELP someone who is in dire circumstances. It's a terrible thing to just turn your back on someone struggling when you can help, as I think Herb was saying.

*My Marine is doing very well!!! He is grown up pretty well and I am pretty proud of him. Thanks for asking about him. Currently - Stateside - YAH!

Mindy, let him know an old Army fart said hang tough, stand tall, and be proud! From one who used to be in uniform I understand his choice and it is an honorable profession that he is in. If he is ever in San Antonio, I want him to ensure I know, so I can first talk crap about Marines and then be serious as no matter the branch of service we are all bothers and we look out for one another old and young, active and retired!