I had rented out my apartment while I conduct research in a foreign country. The renter - a Donald Putnam, Managing Partner of Grail Partners - seemed reasonable enough when I met him. However, he hardly took a look at the particulars of the apartment. All he did was go into the living room to look at the view, then the bedroom to look at the view, and a quick look at the kitchen. He was only going to be there two days a week and didn't seem to care about much else but the view.
Now that he's in the apartment, he is evidently having buyer's remorse and is making unseemly demands--discounts in rent, new equipment, etc.--and he hasn't paid the rent. He's claiming that he doesn't have a lease because he is staying as my "guest" while his credit/criminal check goes through for the building (which he has withdrawn). Moreover, he delivers all his demands in a very condescending tone.
From me, 2/16: I alert Don to a potential problem and set out alternatives.
Hi Don,
I hope you and Susann are well.
I've left a note with the concierge to give you the keys when you arrive.
I must apologize, but I did not get a chance to clean the apartment thoroughly before I left early Saturday morning. I had spent two days without sleep of packing and moving, as well as dealing with family matters.I had originally planned to have a maid come clean the apartment before you took it over, but I understand you are coming tomorrow (Sunday), and the maid was not available until Tuesday. I do apologize. If you prefer to enter the apartment after the maid has cleaned it, please let me know.
In addition, I noticed after the movers had left that they had not cleared everything out of the bedroom. Unfortunately, at this stage, the storage space was already completely packed, and I could not fit anything further into it. My items left from it are my safe (in one corner of the walk-in closet), a file box (in a drawer in the desk), and various papers which I have put into canvas bags and placed them in the closet near the bathroom and in the hallway closet at the entrance.I hope these items are not too much, and I've tried to leave them in unobtrusive places. Please feel free to move them to another part of the apartment if you'd prefer.
I have left a few food items in the kitchen if I thought you'd be able to use them. They are mainly wine and beer, left over from a recent going-away party. Otherwise, there are teas, coffees, and instant soups, and there are some Starbucks coffees in the freezer. You are welcome to any or all of it, if you'd like.
If you have any questions or concerns, please don't hesitate to call me . Again, I'm sorry that I haven't been able to leave it as ready as I'd like to have had it, but with a bit of touch up, I'm sure you and your wife will still enjoy the apartment. Also, there is a nice health club on the top floor (44th), with a nice all-round view, if you'd like to join it; you need to either take the freight elevator up, or take the elevators up to 43 and walk up one floor. It's a nice place to meet people in the building.
My friendly email was met with the following reply from Don on 2/18 , 6:05pm (emphasis mine):
We are absolutely aghast at what we found on entering the apartment. Are you a child, to offer such lame excuses for such disrespect for us, and for the money you hoped to collect?
All that is clear is that you have clearly no notion of the differences between a sublet and letting a Birkenstock-clad student "live in".
We are too angry and upset to discuss this further, but here are a few highlights
-- I'm charging you $1,000 for our efforts at cleaning up. Last year I made three million, so be assured that this is a bargain rate. (NB: 3 million is unimpressive in private equity.)
-- I am charging you $400 a month for the one and a half closets packed with the stuff we asked you to remove or which you should have known to remove before subletting to grown-ups.
-- We will immediately cease to submit information to the building so they will prohibit our sublet in case you decide you would rather we went elsewhere.
-- We will replace the stove and fan at your expense. It shocked me and burst into flames.
-- We are having the floors properly maintained by our cleaning people. If we decide to clean the rugs it is on your dime.
-- We will also deduct the plumbing work needed in the bathroom.
The half dozen items of broken furniture -- lamps, chairs, side tables
-- are stored and we are buying new for our use -- we will take them
when we go. (NB: These items are not broken.)
Donald H. Putnam
Managing Partner
Grail Partners LLC
The immediate question that pops into my mind is - 1) where's the cleaning bill, and 2) if you're so rich, why didn't you call a professional cleaner rather than make your wife do it?
Here's my continued attempt at civility (2/18, 8:21pm):
I can perfectly understand that you were upset upon entering the apartment. As I tried to explain in my earlier email, I had originally planned to have someone come clean the apartment before you entered it. I had assumed you would be coming on a Tuesday or so, not immediately over the weekend. So I'm sorry that wasn't done beforehand.
Nonetheless, rentals are done on an as-is basis.When you came to the apartment, you saw what furniture, good and bad, that I have; you saw the amount of materials I had; and you saw the kitchen and the stove. There was no switching of furniture or appliances (I wouldn't have the funds to do that anyway).
Hence, I don't think it's reasonable to charge me $1,000 for cleaning up; you could have called me or responded to my email, and I would have had someone do that. While I understand that your time is valuable, services should be charged on the basis of comparable work, not what that person's time is usually worth, and no court will accept your pricing of cleaning services. My maid charges $75.
I also don't think charging $400 a month for stuff stored is justified either - as I recall, I'd filled the three bottom rungs of the hall closet--not one and a half closets--and one could easily stuff the papers in the canvas bags in the two suitcases that were left behind and put them underneath the bed. Alternatively, since you've already put some of my furniture into storage, perhaps it would be simplest to move those materials there, so that they are no longer taking up space in the apartment.
I did warn you about the stove; I would have looked to replace it, but you had given me the impression that you didn't intend to use it anyway. Actually, I'm surprised that you got a shock from it - we used the stove on February 2 for a party and it seemed to be in good working condition.
I have been scraping by as a part-time adjunct instructor for the last three years, so I really can't afford to buy a very expensive stove. When I looked into the possibility of replacing it, I found a wide range of prices. If you could kindly please send me the dimensions that need to be filled, then perhaps the best thing is for me to order a stove from PC Richards that would not bankrupt me, and work with you to see when would be a good time to install it.
Generally speaking, neither I nor my guests wear shoes in the house, and the maid has been vacuuming them, so the carpets should be clean. According to the lease, the tenant is expected to pay for fees of carpet cleaning upon leaving, if necessary.
Please do not call a private plumber (that would be unreasonable to pay for), but call the maintenance department in the building to do this; they often don't charge. You can call them from the white phone in the hallway. I think the number is 233, but if it's not, dial 0 and the concierge will let you know. I haven't had a problem myself - could you let me know what the problem is?
I don't have a problem with your removing my furniture and replacing them with yours; again, the rental is on an as-is basis, and if you want other things, then that's fine. Please do bring back my furniture when you are done.
While I can understand that you'd have preferred the apartment to have been cleaned prior to entering, I do think ill feelings could have been prevented had you acknowledged my earlier email and we could have talked on the phone. That way, you would not have been shocked, and we could have tried to make some sort of arrangement. Frankly, I don't really appreciate being written to in this manner or tone. Let's hope things move more smoothly going forward.
DP's unilateral reply (2/18, 9:36pm):
I was not asking I was telling.
Your other choice is we are out tomorrow and you can try subletting from there.
Do let me know.
He continues (2/18, 10:40pm ):
We rented starting a date specific, not subject to your assumptions or excuses.
Rentals are not on an "as is basis" that's used cars -- check with your lawyer. (NB: I have - it's as is.)
I don’t intend to do one damn thing to make this cheaper or easier -- instead I will say "get a new stove" to my New York assistant and we will deduct the cost from the rent. (NB: What gives him the right to purchase things for my apartment?)
Similarly, the leaking faucets: Call the concierge? Yes you should have. Clean the drain -- that too.
I have already retained a lawyer, made the necessary records and authorized as much time as necessary. Feel free to do likewise. It would be my very great personal pleasure to spend the whole $50,000 on legal and court fees while you wait to win or lose.
As you can gather, I am furious. If you are as smart as your credentials suggest, you will not say one damn thing until you can choose between our departure and our payment on the proposed terms.
One minor correction: the stuff that is stored is in the closets. If you want to arrange for some poor soul to clear it out -- the closet on the right as you enter the bedroom is packed full (except for the desk papers) and the other closet has furniture -- I will restore the $400 to the rent. But I will not move a muscle to help except to instruct the desk that entry is OK.
Now I am going to bed -- if I do not hear otherwise by end of business tomorrow I will pack our things and leave this nightmare to the lawyers. Do not call - I would rather have a record by email and I will be working the whole day.
While I think it's reasonable to ask for my personal effects to be removed, the furniture had always been on the inventory of the rental, and you had seen it when you came to look at the apartment. Therefore, I don't think it's reasonable to ask me to have someone remove the furniture too - if you don't like the furniture, you should remove it and store it yourself.
No, we will assert that we are not liable.
Since you seem to have decided which way to go, we will move out today. Immediately we will sue you for return of the deposit which was accepted on a lease that was not in force because we are “guests”. (NB: my lawyer says that he's not a "guest" because he has a lease.) There is no lease because you failed to complete the necessary approvals with the building. (That's between me and the building; the lease is between me and him.) Of course, we shall write no more checks until we are done in court. You might be interested to know that in thirty years of business I have never lost any kind of litigation – and I have won a dozen. Such fun!
You are obligated to provide reasonable use, a safe environment, and the inventory works both ways: you were obligated to remove everything – everything – not listed. As a courtesy, I will not throw away items not inventoried – they will be in the closet upon your return.
Lease let me know the name of your lawyer. We will leave the keys at the front desk. You won’t recognize the place!
DHP
DHP, 12/19, 9:11am. This is the one legitimate complaint he has:
I believe you are in the habit of using the stove without the range hood which cleans the grease from the smoke. Of course.
BEFORE using a rage-top, one opens the hood, which is electric. It is
installed as part of the stove. It is the range hood which shorted out
and burst into flame. I am informed that years of neglect -- failure to
replace the filter -- causes grease to build up and create an unsafe
condition. The short was apparently to the housing, which is how the current reached me.
My reply, 2/19, 11:54am.
I'm sorry, I didn't know about that problem.
I'll try to call the maintenance office today to see if something can be done as a stopgap measure before the stove can be replaced.
If you could kindly please send me photos of what articles of mine you've put into various closets, it would be of great help. Without getting specifics (such as the problem with the stove), the tone of your emails have made you seem like a raving lunatic to me, so it's been difficult to assess if there's a legitimate problem from this distance.
My reply: 2/19, 12:05pm. I try to fix the problem.
I've now called maintenance, who will deal with the faucet in the bathroom you mentioned earlier. They said they may not be able to help much with the stove, so it does seem that the best solution is to replace it. If you still want to stay in the apartment, I'm happy to replace it, but I would want to oversee its purchase or work with your assistant to make sure it fits into the space, as well as my budget.
DHP: 2/19, 12:37pm.
We will stay only if you agree to each of the following conditions, all of which are in my prior emails:1) First month rent reduced by $1,000 -- month started Feb 16, ends on the 15th of every month following.
2) Future month rents reduced by $400 (I'll give you the first month)
unless and until all the stuff in the second closet plus desk papers
removed.
3) Rent reduced by cost of stove replacement (you can deal with my
assistant but in the final analysis I will not be concerned about your
budget -- why should I care?). Forget about rugs, kitchen floor and wood floor maintenance: we will do them on our dime, as we did the repair of the kitchen tiles (a corner tile still missing but all others epoxied).
As to my tone, perhaps you are not used to grown-ups in your sheltered life. Why would I become your lickspittle lackey, taking pictures for your convenience and cleaning your filth
AFTER paying you? We do not have a relationship and we certainly do not share a problem: YOU have a problem of your own making and I have no desire to be further part of solving it. Am I angry at your egocentric disrespect, Hell Yes. But tomorrow you will be only a memory -- a funny story to tell over a business dinner -- and a bit of legal expense. I will not even think about it until the cost gets over the $50K level, which will be years away.
You pick it, please. It is noon in New York. In a few hours if I have
not heard from you that you agree with all three items above I will pack up and be out and you can have your lawyer exchange emails with my lawyer instead.
DHP
My reply, 12/19, 1:01pm
The reason I have asked you to supply photos is so that we could try to resolve this as quickly as possible. I am overseas and cannot inspect the apartment. If you or someone could kindly please take pictures of the materials that should be stored, I can assess how much storage space I am going to need, how much help would be needed to move it, etc. so I could organize this.
If you decide to move out, then I would also want to make sure everything that should be in the apartment is still there, and the photos would provide a record showing that the rugs, furniture, etc. are still in the apartment. If I have those photos, I would feel safer about giving you back your security deposit, because they could serve as some sort of imperfect inspection. But without them, I really don't have any idea how the apartment has been left. So it's simply to expedite matters.
I am really offended and appalled by your condescending tone. FYI, I have not led a protected life by any stretch of the imagination. You have no idea what my life has entailed. I have tried to treat you with respect in my communications with you, but you have never ceased to insult me.
My reply, 2/19, 1:26pm
As for your demand that the first month rent be reduced by $1,000--
as I said before, I don't find this number to be reasonable. You or I could have called a professional cleaner. They would have charged $200-300, which I think would be a reasonable deduction.
As for your demand that future month rents reduced by $400
until my personal effects are removed--If you provide me with some picture of what is around, then this process will be made easier - I am arranging this from overseas, so the more I know about volume, the better.
As for your demand that rent be reduced by the cost of stove
replacement--I think it will be easier for me to arrange for and pay for the replacement of the stove. There will probably be things that would need to be discussed with the building, e.g. size, compatibility, when to move it in, when to install it, etc. ...it would simply be easier to deal with it from this end. But as there does seem to be a safety concern, I will do this.
And I would ask you to change your tone with me. Even if you are furious, it's completely out of the bounds of usual human decency.
DHP: 2/19 1:28pm
The closet is packed; no pictures will be forthcoming. Why would I
bother? I like the $400 per month discount.
I could not care less about your feelings -- much as you gave no thought to ours. You are right, though, that I clearly have no idea what life experience could produce you.
DHP
DHP, 12/19, 1:29pm
OK, since you have not agreed, we go tonight.
Thank you for your clarity.
My reply, 2/19, 2:55pm
If you are indeed abandoning the apartment, please leave both keys with the concierge and a written note to them (with a cc to me via email) that you have indeed vacated the premises. I will ask a friend or neighbor to check it afterwards.
You are technically still on the hook for the lease.
DHP: 2/19, 3:06pm
We will let the lawyers work that out -- my position is that you did
this and we have no lease; we have been -- as your earlier email
suggested -- your "guests" for a few days. (NB: Guests in square quotes are not the same as real guests.)
My lawyer will no doubt instruct me on the right way to close this out
-- I will see her tonight or tomorrow morning. It is regrettable that
you prefer this resolution -- but it will be more fun this way!
DHP
My reply, 12/19, 3:20pm
As our email correspondence has shown, I have tried to cooperate with you. If you leave, you are leaving on your own accord.
DHP 12/19 4:10pm
Your emails show only an effort to deny responsibility, make excuses and whine about not liking my tone. If you want us in the apartment agree to my terms. If you don't -- and it seems you do not -- on your head be it. (NB: What a bully!)
That said, the one thing I have learned about you is that there will be
plenty of future opportunities to hear how you are the victim here!
Stacy be sure that
a) No money flows by accident -- stop Accounting ASAP
b) No information flows to the building -- we were informed of that
requirement only after the first draft lease -- the one that was
cancelled when she changed the start date -- and since the
draft sublease is not authorized by the building we are presently
guests. Be sure we do not inadvertently provide information enabling the security check -- withdraw anything already accidentally given. (NB: I did not cancel the lease.)
c) Let Susann know how this has turned out -- her flight should be on
the ground by now.
DHP
My reply, 12/19, 4:41pm
The lease is the lease. It was not cancelled - it was amended, and you signed both. The security check is with the building and is another matter; as I said before, the lease is with me.
DHP: 12/19 5pm
Ah, that is why lawyers make such a fortune!
Whatever (as my daughter would say); I'll follow mine, you follow yours.
Stacy: John has set me up with Jenean M. Klein whom he used to settle the hash of his landlord last year. I have her engagement letter. When I have signed it please be sure she has whatever she needs in the way of retainer, etc.
DHP
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