PETER SHANKMAN

When You Should Bend The Rules (Or, how to blow a 7-year business relationship in a day)

In general, “the rules” fall into two categories. “For our safety,” or “for gain.” By “for gain,” I mean for a company’s gain – i.e., “We can’t give out more than one sample because we’ll lose money.” In general, the rules make sense. Except for the TSA. Their rules never make sense.

But – Part of succeeding in business has to involve knowing when the bend, or even break the rules. There will never be a rule that can be designed for every single situation without fail. Every situation is different, and anyone in charge of enforcing the rules needs to understand that. No business will thrive (or even survive) if they don’t know when to bend or break a rule.

With that said, allow me to introduce you to The Helena. A gorgeous “green” rental building on 57th Street, with beautiful unobstructed views of the Hudson River, sunset, and New Jersey, it’s a place I called home for seven years prior to buying my new apartment near Times Square a few months ago. As anyone who ever visited me knows, it’s by all accounts, a stunning building, if not a little far west.

I moved in back when the building wasn’t even finished yet. I was the third tenant in the entire building, and the only tenant on my floor for close to eight months, because mine was the only apartment on the floor that was finished. I spent the first six months there listening to the wind rattle through the building, since my apartment was the only one on the floor to have windows installed.

I fell in love with the building, with the doormen and porters, with the garage attendants and the neighbors. Everything about the building was awesome, and I told anyone who would listen how great it was. I am personally responsible for bringing in at least six tenants over my time in the building.

When I bought my new apartment, I still had a few months left on my lease. I went to the management office to ask if I could be let out of my lease early, explaining that I was in one of the coveted two-bedroom apartments, that could be easily rented out, since every time my lease came up for renewal, I’d get a note from management asking if I was leaving, since they always have people ready to take a two-bedroom.

In no uncertain terms, I was told “no.” “Oh, those are really hard to rent,” said Jim Manning, the head of the leasing office. “Funny, I said – you always said you had people looking.” “Oh,” he said, “Well, that was before.” Before what, I don’t know, but whatever.

Here’s the funny part – Letting me out of my lease early is NOT the rule I’m talking about bending. I signed a lease, and I bought my new apartment knowing I still had a few months left. That’s fine – That’s my problem, not theirs.

At around the same time, one of my closest friends, Becca, came home to her place downtown after a business trip to find that a pipe had burst in a neighbors apartment, flooding her apartment, ruining most of her stuff, and making her place unlivable. Her landlord was unwilling to help her, and she needed a place to stay. I’ve known Becca forever, and immediately offered her my apartment for as long as she needed it, since I wasn’t living there anymore, but was still paying rent. She took me up on my offer, and paid me the same amount of rent she was paying in her old place each month. While I wasn’t breaking even, it was better than having to fork out the entire rent for an unused place, and I was able to help a friend. Win-win.

Management knew she was there, knew who she was, and had no problem with it whatsoever. Seemed to work out pretty well.

Fast forward to a month left on my lease. Becca tells me she wouldn’t mind taking the lease over from me when I leave. I figure this to be a win for The Helena – Becca’s already proven herself to be a trustworthy tenant, all that would be necessary would be to transfer the lease, or even have her fill out a new one for her. Everyone wins.

I mention this to the leasing office at the Helena, and they start the paperwork. Here’s where it gets insane: Her former landlord, who she’s suing because he failed to fix the apartment she was in, refuses to sign one piece of paper saying she lived there. Legally, he wasn’t even allowed to do that – if someone lived somewhere, that’s a fact. That you’re being sued by that tenant shouldn’t matter. But he didn’t. Becca had all the other paperwork done, has excellent credit, and explained to management why that piece of paper wasn’t turned in. I even called and let them know that I trusted her, that I’d been there for years without a problem, that she was there for several months without a problem.

The result from The Helena: “Sorry, the rules require us to have that document.”

*Blank stare.*

So let’s understand: In an effort to follow the “rules,” The Helena did the following:

1) They lost a trusted tenant who already had a good history with the building.
2) They angered one of their oldest tenants, who continues to have the ability to recommend that apartment building.
3) They fostered bad-will (as opposed to goodwill) by adhering to a rule that didn’t benefit anyone.
4) They did nothing to help an already damaged leasing office reputation. (See screenshot below)

So Becca’s credit was flawless. I vouched for her (as a seven-year tenant with no negative issues in seven years.) She had already become friends with the doormen and porters, and everyone knew her. She was an asset to the building. The Helena decided none of this mattered, because they “had to follow the rules.”

Bad move, Helena. Bad move.

When to Bend the Rules

Bend the rules when the only benefit of following the rule is to say “I followed the rules.” As I said earlier, no rule can be right for every situation. In this case, there was no downside in bending that one rule. The Helena chose not to, and it cost them a ton more than they gained. Know the reasons why you’re following rules, and know when to bend them.

Bend the rules when the benefit outweighs the negatives. I would have continued to say great things about The Helena, and I would have continued to recommend it to people. Becca would have done the same. Instead, the opposite happened.

Bend the rules when you have the opportunity to foster goodwill, and even remove some negativity about your brand. Check out the two comments on FourSquare about The Helena (neither left by me:)

So they already had this against them. A simple act of goodwill, that wouldn’t have cost them anything could have gone far to void these comments. If you see “Wow, leasing office went out of their way to help me, can’t recommend them enough,” that would neutralize, if not invalidate the comments above. By not doing that, you’ve only reinforced the comments above.

Finally, bend the rules just to be a good human being. You’re the manager of the leasing office. One of the ways you become manager is by demonstrating you have the ability to think critically, not just to act like a robot. You’re in charge because you can make decisions that benefit the company, not just decisions that go “by the book.”

In the end, it comes down to common sense. Know when to be a machine, and know when to be a human being. Leaning one way or another can have ripples for years to come. In this case, the ripples are negative. I get asked by people all the time where to live in Manhattan. There are lots of luxury rental buildings I could recommend. Sadly, The Helena will no longer be one of them.

  • http://www.theinsurancebill.com Billy Van Jura

    So a piece of paper from a bad landlord is more valuable than a personal recommendation from a trusted tenant with a lot more at stake?

  • http://www.oldmaidcatlady.com Lynn

    So many places have put in these “zero tolerance” rules that are basically excuses so that their staff doesn’t have to actually think or use their own judgement in sticky situations. But this is a classic example of why such rules are a bad idea. If you’ve hired competent, moral people, why not trust them to make the right decisions? Insisting that they always adhere to the rules means you don’t trust your own employees.

  • http://www.urbaneapts.com/index.htm Eric Brown

    Hey Peter, Boy does this post hit home for me, so I am compelled to leave a comment. Not only are we too in the apartment rental business in Detroit MI. We are working through this very issue of what does it take to Scale Customer Service. That said, I am referring to exactly the same type of issues you point out, those that require the front line to bend and break our silly rules, as appropriate. It is that last word that becomes grey and causes hesitation.

    To frame this, we are heading into our tenth year since starting our boutique apartment rental company. We own and operate fifteen smaller apartment communities, so we can for the most part make or break any rules, yet we struggle with similar instances that you bring up. Our two person front line leasing staff have been with us one nine years and the other six years, the point being, they know what they are doing and they know the rules in and out.

    We spend money like drunken sailors on lead generation. Our businesses rely on new business. More is better, right? We love marketing ideas. We need more leads. We need to grow the business. We don’t like customer service. Said differently, we do not like the cost associated with customer service.

    As a business owners, we have this fantasy that we are doing everything right, so there isn’t a cost for customer service as long as we are all doing our jobs. Our staff will perform consistently and fairly and they will do everything right. They don’t.

    I marvel at how some companies achieve outstanding customer service, but it never really dawned on me as to how to do it. Again, to frame this, I am referring to things beyond the typical expectations. For the next ninety days we are trying an experiment, the leasing gals have full autonomy and complete discretion, up to a months free rent or its equivalent per occurrence, to solve any problem that comes across their desk, on the spot. We have agreed to analyze each occurrence weekly, to glean a better understanding of what are best practices to garner Remarkable Customer Service.

  • http://www.issamar.com Rabbi Issamar Ginzberg

    Great story. powerful lesson!

    And… you didn’t even mention the bit you had the other week with them about the lease signing that had you pulling your (remaining) hair out. :)

  • http://www.ryanhanley.com/ryan-hanley/ Ryan Hanley

    Unfortunately many people don’t view the world in the same way. It’s ME… This is MY job and this is the way “I” do it.

    Delivering value first is a lost ideal. Look at the stories in business magazines… The few business professionals willing to dedicate their lives to others and helping first before snatching reward are held up saviors when they should be the norm.

    Great article Peter and sorry to hear about your troubles…

    Ryan H.

  • http://www.shootlocalapp.com David

    Not sure if this is a better example of bending the rules or the fact that landlords are a nightmare. Especially in NYC. I could write a novel on stories I’ve witnessed or heard.

  • http://www.phonefetcher.com Madelyn Goldberg

    Isn’t it also a matter of very poor customer service as well as a “lazy who cares attitude?” Flexibility is what keeps a business on the cutting edge. Apathy in regards to customer service is unacceptable in my book.

  • http://www.PersonalPublicRelations.com Bonnie Russell

    Sometimes absolutely nothing explains that level of staggering stupidity.

  • Christine Saunders

    I lost a job because of one of these “rules”. Between the interview and the offer, I was fired from my current job because I had filed a sexual harassment claim against my supervisor (why I was looking for another job in the first place!). Yes I sued and we settled. I was reeling at the time and didn’t know what to say to the new employer about why I no longer worked there. The issue was that their “rule” was that they had to interview your immediate past supervisor for a recommendation and I knew that would be an issue. I had only reported to him for a few months of my 3+ years there, could they talk to any of the other half dozen people I knew would give me a glowing review? No. That was the rule. So they couldnt offer me the job. Who called me 6 months later? The job I had lost was filled by someone who didn’t make probation, would I please reconsider? By then I had another even better job, so I felt comfortable telling the hiring supervisor the gist of why I had been fired. He was hugely apologetic and wished he wouldve known at the time but understood. He wanted me for the job but his hands were tied by the “rules”.

  • http://www.stefanpinto.com Stefan Pinto

    I like this part the best: “They lost a trusted [tenant] who already had a good history [with the building]” Feel free to insert, [blogger, paid model, national fitness writer, got you in the Los Angeles Times] and [fledgling company]

  • http://www.BertMartinez.com/ Bert Martinez

    Like Forrest said, “Stupid is what Stupid does”

  • http://google.com not sure I want to say

    Peter, you should’ve just made up a letter from the old place, and forged a signature, or had some homeless guy sign it.

  • http://www.RedCapeRevolution.com Darcy Eikenberg

    I’ve heard of situations like this where the “rule” is actually some kind of law (obscure and inappropriate maybe, but still a law) but the person implementing has no background to explain why it’s necessary and isn’t all that curious to ask his/her management. Good reminder for us all to review our own business “rules” and be sure we can answer why we care for each–and to eliminate any that don’t matter.

  • http://www.kupchamkt.com Liz

    What gets me is that I’m sure you’re not the first & definitely won’t be the last to buy a place while there’s still time on a lease & those schmucks should’ve understood that concept by now. When I had to break a lease, I was told flat out that I would be on the hook for 2 months of rent unless a tenant is secured within that time. Hell, the Helena should’ve have a problem lining up a replacement tenant since there are a lot of positive attributes about the property. It seems that they have a lot to learn.

  • http://websiteurl Dianne Davis

    Dude – you nailed it. Ridiculous. Why do we need managers if there isn’t some level of decision making needed. Jim’s and overpaid order taker. PS – The Helena looks fabu. But this Oklahoma girl couldn’t help but croak at $5,000+ rental pricing. For $5,000 a month you can live in a million dollar, 10 sq ft home on snob hill in Tulsa. But alas – the views of Central Park and the East River are a bit of a stretch. Great article.

  • http://www.texarkanaaptassoc.org arlette

    why would they not bypass current landlord due to situation and go the previous landlord? .

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  • http://www.cliffstevenson.com Calgary Realtors

    Always love your ‘great customer service’ or your ‘here’s where customer service went wrong’ stories Peter.

  • http://donkincaid.co Don Kincaid

    Excellent post on the Sales Prevention Department. What gets lost in ‘policy’ is the why. Why is the paper important? A: To establish past residency. Then give guidance on how to make a good BUSINESS decision.

    Eric Brown: I’m glad to see your experiment. In addition to the giving the credit, is your team (supers, maintenance, doormen) empowered to solve the problem that the leasing team identifies. I’ve found people get more upset when they get credit but the root cause of the problem isn’t solved.

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