evictions

Pete Rose’s Reinstatement & Evictions: Worth Reaching for a Win-Win?

“It depends upon what the meaning of ‘is’ is.  If the- if he- if ‘is’ means is and never has been, that is not- that is one thing.”

President Bill Clinton pleading his case during the Monica Lewinski grand jury trial

Growing up, I remember having some of Pete Rose’s baseball cards in my collection; they were good ones!  Not only was he the all-time hit leader in Major League Baseball (MLB) history, he was the consummate ballplayer.  He was gritty, ran out every groundball, and earned the nickname “Charlie Hustle”; he was consistently lauded for “playing the game the right way”. During his 24-year career, he won three World Series and more regular season games (1,972) than any other professional player in any sport.  He loved baseball and was considered a surefire Hall-of-Famer.

But off the field when his playing career was over, he did not always conduct himself the right way and broke a major, unforgiveable rule- gambling on baseball.  With the integrity of the competitiveness of the sport at stake, gambling had always been banned by MLB.  Outcomes of games would not be tainted by it.  It was a simple, Draconian regulation: if you gambled on baseball while involved, you were banished.

Rose was accused of betting on his own baseball games while he was manager of Cincinnatti Reds.  He denied the accusations.  When concrete evidence was discovered showing his guilt, he continued to lie about it.  The commissioner of baseball permanently banned Rose from the game of baseball (including the ability to be voted into the Hall of Fame) in 1989.  Afterwards, he still showed no remorse for his actions, even after finally admitting to gambling on baseball in a book he wrote years later.  A storied career ended in infamy.

Pete Rose died last year.

But last week, the newest commissioner of MLB, Rob Manfred, reinstated Pete Rose.  This lifted his ban and made him posthumously eligible for Hall of Fame induction.

But he broke the unforgivable rule!  How is reinstatement possible?  Doesn’t this send a bad message to other MLB personnel?  Or have times changed now that gambling is more mainstream?  Baseball fans seem to have split feelings.  But, regardless, Pete Rose not being in the Hall of Fame is a regrettable lose-lose for Rose and MLB.

The same line of questioning can be used in property management on eviction guidelines.  Most residential leases have rent due on the 1^st of each month and allows for evictions to be promptly filed on the 2^nd if rent has not been received.  But that doesn’t happen often.  In fact, most evictions aren’t filed until the 16th at the earliest.  Why?

It’s because it is in everyone’s best interest (tenant, owner, and property manager) for the tenant to pay.  And giving the tenant additional time to the 16^th of the month usually allows a second paycheck to come in so the tenant square the balance.  Once eviction is filed, attorney fees and court costs begin to accrue to the tenant which can make a perilous financial situation worse.  If this happens, the tenant will probably never get caught up before the eviction is recorded, leading to the owner never receiving the rent, and leading to the tenant being forced out of the house.  It creates a true lose-lose situation.

What about if the tenant gave a compelling case that full payment could be made if he was granted an extension past the 16^th of the month?  This is where it gets sticky.  All the letters sent and communications continually reinforce that the 16^th is it.  There is no tomorrow.  Full payment needs to be made by then or, unfortunately, eviction must be filed.  Rarely can most tenants in a non-payment situation get caught up after being a full month behind anyway.

But does it need to be a hard and fast rule?  Shouldn’t every effort to avoid lose-lose situations be exhausted?  Is there a case to be made that sometimes the 16^th isn’t it?

I believe there is.  Pushing the deadline is always by a case-by-case basis, and candidly, most situations don’t warrant it.  But some do.  Property managers should be always aiming to avoid lose-lose situations.

Doesn’t everyone believe that the all-time hit leader in MLB history should be enshrined in baseball’s Hall-of-Fame?  Of course!  Hits are one of the most important baseball metrics and he had 4,256 of them.

Yes, it might be sticky if he ever gets voted in and enshrined.  Fans may revolt in anger.  Players may look at this as a precedent that gambling is a forgivable sin now.  No one knows if there will be future negative ramifications.

However, a tenant paying and Pete Rose in the Hall of Fame are ideal win-win scenarios.  But getting there requires discernment because there is always a chance of getting burned.  Smart landlords (and MLB commissioners) should tread carefully.

Happy Landlording!