Tuesday, June 03, 2008

Ethical Question: The Landlord

A very hypothetical situation:

A tenant, named Jim, lives in an apartment.  Jim is a good tenant, he does not cause trouble for the landlord, named Ted.

After 19 months, Jim decides to move out.  Although he wanted to move out with only 30 days notice, he followed through with his contract and paid for the full 45 days the contract called for.

Jim caused minor damage to the apartment through normal use and assumed that the damages of about $100 would come out of his security deposit.

According to Jim and Ted’s contract, Ted, the landlord, had 60 days to return Jim’s security deposit of $850.  According to Ohio state law, Ted only had 30 days to return the deposit.

After 80 days, Jim did not receive his security deposit or any type of assessment, so he called Ted.  After nearly 90 days, Ted finally sent Jim a bill saying that he owed him $289 for water bills for which he forgot to bill him.

According to Jim and Ted’s contract, Ted was supposed to bill Jim for the water regularly with the rent.

At this point, Jim has an opportunity.  Because his landlord, Ted, broke the law, he is entitled to double his deposit back, plus attorney’s fees plus interest on the high deposit.  Jim could easily sue Ted for $2,000.

But Jim believes that he ought to live as Jesus instructed him to.  He knows that Jesus said that he should forgive his neighbor, turn the other cheek and if someone wants to sue him and take his coat, he should give him his t-shirt too.

So what should Jim do?

Should he pay the landlord the $289 and forgive him?

Should he sue Ted, the landlord, in order to help the other poor and oppressed that Ted has taken advantage of?

Part of the problem is that Ted thinks that Jim owes him something.  So if Jim just forgives him, it really won’t do much good as a witness to the love of Jesus because Ted doesn’t believe that he needs to be forgiven.

What should Jim do to demonstrate the love of Jesus?

Can you forgive someone that doesn’t believe they’ve done anything wrong?  Do Jesus’ words mean that we should allow people to take advantage of us?

Please share your thoughts below.  We would really love to hear them.

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Comments

going by what people tell me about jesus, i imagine jesus cares about how your behavior reflects on your faith in him, rather than on him. since the landlords behavior doesn’t affect his other tenants spiritual wellbeing, jesus would likely not find that a compelling reason to pursue retaliation. the fact that the landlord is unrepentant should not deter you from forgiveness, but rather spur you on. It is easy to forgive when all parties agree a wrong has been committed, but it shows true faith in the message of forgiveness to pardon even those whom it is most difficult to forgive, whom it seems most senseless to forgive. why would the lord want to prevent people from “taking advantage” of you?there is no harm to your soul in being relieved of some of you possesions, it is but an opportunity to demonstrate you devotion to generosity, love, and forgiveness, and to affirm the immaterialism of the material. it seems to me the gospel is clear on this: forgiveness is the correct action. though if one were looking for a moral justification for a lawsuit, mosaic law might be a good place to look wink. by my own haphazard code of ethics, it seems reasonable to try and recover your deposit, if awarded double the original deposit it would probably be best to donate the excess to charity, but i cant say i would do so myself.

ndawg  on  06/04  at  12:54 AM

He should sue.  He can forgive him for being a scumbag.  But that doesn’t mean he should let himself be robbed.  Not only that, by forcing the landlord into obeying the law, he will probably be helping all of the other people who the landlord is thinking of screwing over.

Legal action doesn’t have to mean vengeance.

Clayton  on  06/04  at  07:40 AM

Jim should send Ted a letter outlining his position, the Deposit (the law of double, etc.) and the requirements that the Law imposes on landlords.  Jesus was a strong proponent of the Law.  Look at the 10 commandments.  Taking someone to Court is not a vengeful act in itself.  It could be.  Is Ted a believer too?  If so, they should take it before God first.  Then the church body. 

My solution would be for Jim to say, “I paid you $850.00 deposit, you haven’t returned it and by law I am entitled to double it, plus court costs, etc.  I recognize that you did not bill me for water and for that you were actually out some money, so please deduct the water charges from the initial deposit of $850.00 and send me the difference.  If I do not receive this amount by X date, I will have no other choice but to file a lawsuit for the entire amount for which I am lawfully entitled.  My hope is that you will see that this is a more than fair offer and I am willing to forgive the penalty imposed by Ohio law for your withholding.  Please let me know which direction you would like this to take. In HIM, Jim.”

Jeremy  on  06/04  at  11:17 AM

“But that doesn’t mean he should let himself be robbed.”

actually, it means exactly that:

But I tell you who hear me: Love your enemies, do good to those who hate you, bless those who curse you, pray for those who mistreat you. If someone strikes you on one cheek, turn to him the other also.<B> If someone takes your cloak, do not stop him from taking your tunic. Give to everyone who asks you, and if anyone takes what belongs to you, do not demand it back.</B> Do to others as you would have them do to you.

—Luke 6:27-31. NIV (and similarly in Matthew 5:38-42, NIV)

it seems to me by submitting to the landlord the man risks only his material wellbeing, but by confronting him he risks his spiritual wellbeing. it is obvious where jesus places his emphasis.

ndawg  on  06/04  at  02:07 PM

I like Jeremy’s idea.  I’m also all about trying to live by ndawg’s suggestion of turning the other cheek, but I feel that you also need to know how to be wise with your resources.

There’s a communication problem here between Ted and Jim, and I don’t have enough background to make a decision without knowing either hypothetical party.

Given the circumstance’s I’m currently in I would ask for an itemized list of charges. I would discuss the legal options I’m entitled too, and I would work with the landlord to come to a mutually agreeable solution.  If none could be found I would puruse legal action and return to Ted at least what was awarded as payment for the water bill.

Jeff Robeano  on  06/05  at  07:36 PM
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