Landlord harasses murder victim's mother for early termination fees because her son was killed before his lease ran out

Danelle Eckert, the mother of Colin Byars, a 24-year-old teacher who died after being punched in the head, is being harassed by Colin's former landlord, who wants to impose an "early termination" fee on her because her son died before his lease ran out.

The landlord is CCRT Properties in Brookfield, WI.

She said the apartment's property manager told her that they knew Byars had been killed. But the woman told Eckert the management company had been advised by their legal representative that they should go after the rent and fees.
"I said you might be able to do this, but should you do this?" Eckert said. The early termination fee makes her especially angry. "How was my son supposed to know he was going to be killed?" she asked.
Byars was a popular young special education teacher and coach at McKinley Middle School. He was in his first year as a full-time teacher after graduating from college. He died when, according to witnesses, he got into a dispute outside a tavern and was struck in the head. The man who hit him, Martin Walker, has been charged with murder.

Landlord demands dead victim's late rent, fees (via Consumerist)

(Image: KENOSHA NEWS PHOTO BY KEVIN POIRIER)

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EH

#58: Sucks to be her, but whatever.
Anonymous

They are not all about money. If that were the case they would not Terminate the leases of tenants that pay rent on time in full every month. In my complex, the manager does basically nothing but play activities coordinator and social director. The “town drunk” Decides who her next victim(s) will be and has friends and family call in anonymous complaints, telling them that this person is awful and she can’t live w/ this person(s) around. They drop like horseflies by us. Consequently this is the manager’s special friend. 2 Families who have never gotten one warning, have had no problems w/ anyone, who keep to themselves, are being forced to move…lease terminated…single mothers w/ multiple children, working to give their children good lives. CCRT are ruthless, cold hearted and thrive off other’s misery. What they did to this mother, what they are doing to these mothers now…given a month to leave, or pay legal costs of an eviction…they are horrible slum lords.
Anonymous

I am employed by the same school district in which Colin worked. It is so sad to have lost such a promising young teacher who the students really looked up to. This whole story is so heartbreaking… a young man attempting to help a group of ladies in trouble outside of a bar and he gets killed in the process. This landlord must have no heart if she is trying to enforce this early termination fee. I wish she could have put herself in the place of Colin’s mother for just a second, and then maybe she wouldn’t have imposed such a ridiculous claim on a grieving family.
Anonymous

Added one more to the comments coming their way. BTW, the sheer falsehood of that lawyer’s letter ought to be a trigger for ethical hearings in the Wisconsin Bar Association. Anyone feel like doing the research to get THAT ball rolling? I don’t suppose anyone but Mr. Byars’s mother is eligible to submit the complaint, but if she were to find what she needed for that, it would be pretty damned sweet.
General Specific

That is repugnant.
SpookyInteraction

Industrial-grade douchery.
hydrophiliak

Does this landlord have a long black mustache and high collared cape?
Anonymous

I think the parents should let the greedy creeps take them to court to collect. I seriously question how much of a leg they have to stand on. To whoever’s idea this was: do you sleep at night?
Anonymous

Tell CCRT Properties what you think about this.
GuidoDavid

Don’t forget the top hat.
Anonymous

I am not surprised, considering the management companies I have had to deal with in the past. Real estate management companies are just about as low as it gets without being considered an illegal profession.
ZippySpincycle

Utterly moronic insistence on “following procedure” results in evil action. Once the inevitable shitstorm hits them, they will drop the request, probably with a half-assed “apology,” and then they’ll get back to their regular routine of mindless bureaucracy.

See also: virtually every “zero-tolerance” policy in public schools…
Oshkosh John

O wad some Power the giftie gie us
To see oursels as ithers see us! — Robert Burns
Anonymous

this is terrible i have to let everyone know about this . this is something that should be public or on the news for all to hear.
lecti

If Martin Walker is convicted of murder, he pays the penalty as well. Bam! Problem solved.
Anonymous

You can leave a comment on the landlord’s online form.
mrsomuch

spamming here? good grief. we really are at rock bottom.
Anonymous

If you look really closely at the low-res picture of the letter, the letter is addressed to:

The Estate of Colin Byers
c/o Danielle Eckert [the mother]
–[address was redacted]–
————————–

and

Robert Macedo [the roommate]
–[address was redacted]–
————————–

I’m just a law student, buy my impression is that even though the mother doesn’t owe anything, Colin Byers’s estate still might owe money under the lease, and maybe the roommate owes the money under the lease (though this is not clear without more information).

The thing is, even though the mother doesn’t owe a penny personally, if she is the administrator of Colin’s estate, she would be the appropriate person to send the letter to, asking her to pay the rent out of the remaining money left in the estate (and not out of her own personal bank accounts).

If Colin has $0.00 left in his estate, then the mother as administrator of the estate can just tell the landlord, “sorry buddy, you’re out of luck,” and i don’t think there’s anything the landlord can do.

From what appears in the picture of the letter on the website, it doesn’t look like the letter is asking for the mother to pay any of her own money; if you zoom in on the picture, the letter says: “Mr Macedo as well as the Estate of Mr. Byers are jointly and severally liable for the balance of the rent.” That might very well be true. It also doesn’t mean that the mother has to pay any of her own money.

Bottom line: from what I can tell, this story is something of a tempest in a teapot.
Anonymous

It’s repugnant in any case, but if she didn’t cosign the lease, on what basis do they think that they have any legal case whatsoever? His debts are his debts, not his mothers, or his friends, or his second cousing once removed on his dad’s side.
Anonymous

As the article states, the property manager dosen’t have a leg to stand on. They can only get any fees from the victims estate, and well he diden’t have one.

So really this whole thing will blow over, and the Management company will get some seriously bad PR, no money from the victim, and a bill from thier lawyers.

So … they loose.
Anonymous

I personaly know the greedy people who work at CCRT and they are all uncaring people. They dont care about anyone but themselves and $$$$$$$$
ALL OF THEM !!!
They dont care about the people they hire to do work on their buildings or their landlords. They treat everyone like crap and have a huge turnover of managers and tenants. They are super picky on who they rent to even if the tenant has a good job and rental history. They are all about the $$$$$ as you can tell !!
Anonymous

There is precedent to keep a damage deposit if someone dies in one of your apartments. Multiple cases actually.

Doesn’t excuse it, and I know it’s not exactly the same thing, but sometimes people only see money.
Anonymous

Evil, evil, evil. To have no compassion for the dead son sickens me. Who are these scum-sucking lawyers that advised the company to after the fees? This SOB lawyer needs to be taken out back and taught some manners the old fashioned way, but it’ll never happen since Lawyers are cowards.
nanuq

Problem solved. Send the spammers the landlord’s name. They deserve each other.
teb

Stupid spammer can’t even link properly.
Dapremonster

Spammers in this thread are such dickheads.
cinemajay

@5, Dear God, I hope that’s not “procedure”! If that were standard practice anywhere I think we’d hear more about it. It sounds like this guy is just desperate.
EH

The solution is simple: call them up, say simply, “Colin Byars,” and hang up. Do this several times a day.
Takuan

no pranks! A letter is one thing, the others are not anything condoned here.
Takuan

why does having class and being a lawyer not seem to be able to occupy the same collapsed phase space?
gollux

This might be something to be settled out of the person’s estate (unpaid lease), and if you are their executor, you will get demands like this.

However, if they are demanding that the next of kin pay, and not the estate of the deceased, this is flat unethical thievery. Unless there was some sort of co-signature on the lease, no contract exists between the landlord and Danelle Eckert.
Secret_Life_of_Plants

The landlord’s name is Debbie Marko,
according to this:
http://www.youtube.com/watch?v=-g3ToXr5Flw
beginning at 2:45 min
Takuan

great tape, any chance of getting Michele Bachmann in to a 100% CO2 enviroment for a few minutes?
J France

Takuan 37:

I was going to make the same statement, but with “real estate agent” in place of “lawyer”.

Sure these guys get alot of shit from irresponsible renters with property damage, lost income from unpaid rent and all that, but being on one’s gaurd and protection of your interests doesn’t have to equal complete douchbaggery. Well it shouldn’t, but apparently it does when it comes to property management.
frankpape

Aside from being a loathsome thing to do, you’d think it would be just plain bad business. If they’re fighting to enforce the letter of the lease in this situation, how lenient do you think they’ll be for you, a person looking to rent a new apartment, if you encounter some unfortunate but less permanent situation that leaves you hoping for a break? I’d be looking at other apartments.
demidan

I agree with Takuan on class/lawyer pair up.

I know of one exception,,,he’s a great guy who once as a teenager slipped a card in the Great Cardini’s vest. But that is the only one exception I can think of.
mlw99

Gollux is correct. However, a conflict could arise should the landlord wish to deduct the early termination fee from any rental deposit of the deceased. This highlights the power of “possession”. If the landlord has to initiate a probate estate for the deceased to collect the fee, or has to go to the trouble of filing and prosecuting a claim in an already opened estate, the cost doesn’t justify the benefit. If, on the other, the mother has to contest the landlord’s withholding of all or a portion of her son’s security deposit in the possession of the landlord, the same analysis applies to her. Conclusion, bad PR for the landlord is the wise course of action. Shame on them.
polecat13

all lawyers are not necessarily scumbags, but they can be if they choose to. if i were this landlord’s counsel, i would strongly advise AGAINST attempting to collect this measly 2K due to the inevitable, massive public fallout that would follow such a repugnant action.

but i’m not a lawyer; just a second-year law student. therefore, take this advice with a grain of salt: seems to be (unless the mom co-signed) that the good guys in this one could raise impossibility as a defense to contract enforcement. you can’t pay rent if you’re dead.
Xopher

Polecat13, is that force majeur?
Pete

I hate landlords. Never mind estate agents or lawyers, they are the real scum of the earth.
Anonymous

The moral cancer of “just following orders” to excuse inexcusable behavior pervades our society. This is just another example. Those who harass the family of a murder victim for money not justly owed are scum of the earth. But as our legal system has nothing to do with justice, the mother will probably be forced to pay.
Anonymous

Polecat13,

that is just plain wrong as a matter of law. You – or your estate, rather – absolutely can pay rent if you are dead. Utility bills as well, and all sorts of other expenses.

As pointed out upthread, the landlord here seems to have done just that, merely contacting the mother in her capacity as presumptive administratrix.

If you are a 2L, take Decedent’s Estates next year, or whatever your school’s equivalent class is, before getting yourself or your future clients in trouble! ;)
Inkstain

I would say a letter to the editor of the local newspaper is in order. Enough of them, and you’ll probably get an editorial, which local authorities will notice.
dainel

Doesn’t the death of the tenant kill the lease? I am guessing that they put in the early termination fee as a bargaining chip. “If you’ll just pay us the arrears and late fees, we’ll waive the termination fee”.
oxymoron69

So does this CCRT Properties have some sort of email address?

I’d like to send them some pictures of murder victims… fucking scum.
Jesus H, even most cell phone companies drop ETFs’ in event of death.
Xenu teh WunderKat

Here is a link to a facebook page about Byars, apparently started by his students (755 members at time of posting):

http://www.facebook.com/home.php?ref=home#/group.php?sid=089c12348e049f039630d17bb0465bb5&gid=68434547500&ref=search

Hope the link works for you.
It looks like emails should be sent to:

debbiem@ccrtproperties.com
kathyh@ccrtproperties.com

Phone:

262.785.0300
You’ll get automated extension numbers at 1,3,4,6,8, and 0.

There is a benefit for the family in Kenosha, WI at Fireside Restaurant on Saturday, May 9:
http://www.facebook.com/home.php?ref=home#/event.php?eid=80285912126
mdh

Doesn’t the death of the tenant kill the lease?

Does his roommate get a 4.0, that’s the real question.
Starbug

FYI – CCRT Properties also has a “contact us” web form:
http://ccrtproperties.com/contact/index.htm
sworm

I was active in real estate / letting for a while. It is full of bastards like this. Don’t worry though, these people always get their just rewards.

It’s mostly not worth the bother attacking them. Leave that to their 1000th dissatisfied customer who won’t take it, and is willing to go to jail to win the argument.

I’ve seen it happen, and I’m afraid I didn’t shed a tear.

/bitter rant
Anonymous

Anonymous, are you seeing this? Cast your mighty gaze upon CCRT and unleash your network upon them! Let them know your wrath!
Deidzoeb

If we were writing fiction about a scumbag landlord, we might say, “How can we make this landlord look even worse? We already have them pursuing fees from the family of a deceased tenant. How can we raise the stakes? you know, like Anakin and Obi-Wan aren’t just dueling near an active volcano. They have to be dueling while they climb up a hunk of rubble that’s floating in a river of lava, and the rubble is moving towards a lava waterfall.”

“Make the deceased tenant a teacher. Not good enough, he teaches special education!”
sworm

Oh, and don’t hate lawyers – they’re just doing their job. Blame greedy customers.
Takuan

how about vendors of cheap handguns in ghettos?
eyebum

I have been a landlord. I will say right off that none of my tenants ever died.
It can be tough dealing with people sometimes, but as a landlord, I can tell you that in every single case where we had issues with collecting money (or not), the ABSOLUTE BEST SITUATION was to get over whatever problem we had, and rent the unit out to someone else ASAP. That is the only way to have a near-guarantee that your rental money keeps flowing.

If someone quits paying the rent, ask them to do so. If they still don’t, ask them to leave. Get someone new. Unless someone won’t leave, or there is tremendous damage, the cost and hassle of doing anything in court is absolutely not worth it. And a tenant dying is neither of those two situations.

All that being said, these landlords are complete idiots. Why would you generate the bad publicity, bad rep, bad karma, etc…from trying to collect in this case? Why would you spend a dime trying to collect anything? The apartment is empty. Put up an ad. Help mom box up his things, deduct reasonable cleaning fees from the deposit, if you have to have something. And move on.

What morons.
Anonymous

A similar case in madison WI.

http://consumerist.com/379732/after-weekend-controversy-wisconsin-landlord-releases-man-from-lease–on-murder-scene-apartment
Anonymous

Sworm, we absolutely can hate lawyers who fail to conduct themselves with integrity. Screw Godwin: “Doing their job” was not an excuse for the Nazis, and sure as hell ain’t an excuse for lawyers, no matter who pays their bills.
Pinocchio

I sent the estate agent landlord a “shame on you” email / comment from their website. 100 more should wake them up. Please take a minute to do the same.
aldenhg

The same thing happened to my brother when his best friend and roommate was killed in a car accident. Understandably he didn’t want to stay in their apartment and their landlord tried to hit him with all sorts of ridiculous fees. He ended up getting a lawyer to get him out of it and the lawyer was nice enough to do it all pro bono. The landlord was a total knob job about it though. He even made some pretty rude remarks about the deceased when we were helping get my brother’s stuff out of the apartment.
oregonian_jedi

I sent them a shame-on-you-email, too. I think they’ll change their minds eventually. I kinda hope they contact me. I’d like to find out their reasoning behind their claims.
Anonymous

You realize the person that sent the letter was just an employee of the company and was instructed by management to send out the letter as company policy. She was just an assistant and had to take the blame for the company as they would not stand up for her. It’s was standard operating procedure to send out the standard form letter sent to everyone not realizing who it was mailed to the employees are instructed to put their name on the form letter. So a mere employee of the company had to take the brunt of all this harrasment in order not to lose her job and let everyone know the company she worked for sends these out to all tenants who leave as standard operating procedure.
Thorzdad

Why would you generate the bad publicity, bad rep, bad karma, etc…from trying to collect in this case? Why would you spend a dime trying to collect anything?

See the discussion about MBAs further up the BB front page.