BGLaw: North Carolina Tenant question

[Dantrag]

Is there anyone familiar or happen to be a tenant lawyer in the state of North Carolina?

[Celestialstrife]

What's wrong fren!?!

[Dantrag]

They're trying to stick me with a $607 bill(857 if you include the 250 dollar security deposit) for repairs on an apartment. Some of the stuff I agree with but other stuff on there is wear and tear imo. Of course their AR department is a pain. So they actually sent the letter like 37 days after the lease ended and according to state law it has to be 30 days:

§ 42‑52. Landlord's obligations.

Upon termination of the tenancy, money held by the landlord as security may be applied as permitted in G.S. 42‑51 or, if not so applied, shall be refunded to the tenant. In either case the landlord in writing shall itemize any damage and mail or deliver same to the tenant, together with the balance of the security deposit, no later than 30 days after termination of the tenancy and delivery of possession of the premises to the landlord. If the extent of the landlord's claim against the security deposit cannot be determined within 30 days, the landlord shall provide the tenant with an interim accounting no later than 30 days after termination of the tenancy and delivery of possession of the premises to the landlord and shall provide a final accounting within 60 days after termination of the tenancy and delivery of possession of the premises to the landlord. If the tenant's address is unknown the landlord shall apply the deposit as permitted in G.S. 42‑51 after a period of 30 days and the landlord shall hold the balance of the deposit for collection by the tenant for at least six months. The landlord may not withhold as damages part of the security deposit for conditions that are due to normal wear and tear nor may the landlord retain an amount from the security deposit which exceeds his actual damages. (1977, c. 914, s. 1; 2009‑279, s. 5.)

So I'm looking for someone that speaks lawyer better than me but can they still stick me with the bill?

[aurik]

This is pretty standard operating procedure in many places. Landlords ding tenants for "repairs / cleaning" all the time. You'll probably have to threaten them with legal action to get them to desist.

Or, if you believe their claim may have some merit, you can try calling them and negotiating. If they sell the debt to collections, they'll recover only a fraction of the value, so usually they're willing to negotiate. When I was much younger, I missed a deadline and my landlord wanted to ding me $800 for it (and by all rights they could have, and most likely won), but I threatened to let it go to collection if they didn't negotiate, and they were all too happy to settle on $400. Note that if you talk to them at all, you'll probably damage any eventual legal situation. So don't go this route unless you are willing to pay them off at least to some degree.

No idea about your personal situation. If you're in university, or are poor, there's often places that will offer free legal advice / assistance. Keep in mind that this area of law is very dependent on state/locale.

[Dantrag]

I just got off the phone with the NC State office that handles these types of cases. Basically I'm going to put in a case in small claims court due to the date not being within the statute. Will go down there tomorrow.

[Dantrag]

So now the office is claiming they will be sending me my security deposit back but that I still owe the repairs and that they will send it to collections. W/E I'll take it to small claims and see what the judge says. The way they treat people is shit.

[Mizango]

Nawf Kack.

[Skyylya]

Here's what you do. Let them send it to collections. And then negotiate with the collections folks to settle with the condition that you have a, and this part is important, written notice that it won't be reported on your credit once you make payment on your settled amount If you don't get that guarantee then this piddly amount of money will fuck up your credit for another 7 some odd years.

Be smart about what you do. If your credit is already fucked and you don't care then disregard but one thing like this can affect you for many thousands of dollars in the future or prevent you from cars, credit cards or even renting another aparment if it's a place that checks your credit.


BTW, i'm speaking nothing to the legality of your situation, merely what you should do if you don't have a legal standing to avoid owing anything.

[Dantrag]

Here's what you do. Let them send it to collections. And then negotiate with the collections folks to settle with the condition that you have a, and this part is important, written notice that it won't be reported on your credit once you make payment on your settled amount If you don't get that guarantee then this piddly amount of money will fuck up your credit for another 7 some odd years.

Be smart about what you do. If your credit is already fucked and you don't care then disregard but one thing like this can affect you for many thousands of dollars in the future or prevent you from cars, credit cards or even renting another aparment if it's a place that checks your credit.


BTW, i'm speaking nothing to the legality of your situation, merely what you should do if you don't have a legal standing to avoid owing anything.

I just emailed the lady that I would be willing to pay 1/2 the amount owed to get the the account closed and if she is not willing to do that then I will go ahead and deal with whatever debt collection agency she goes with. I will then tell them I will pay 1/2 of what is owed and make sure that it doesn't go against my credit score. But even if it were to knock me down there is no way 400-800 dollars can effect my credit score that bad.

[Pharaun]

But even if it were to knock me down there is no way 400-800 dollars can effect my credit score that bad.

You'd be surprised how much one derogatory item can affect your credit. Depending on what your credit is like now it can knock it down 75-100 points or so. It's because credit scores generally don't look at the amount of the derogatory item, just the fact that you owed someone money and didn't pay.

[Dantrag]

You'd be surprised how much one derogatory item can affect your credit. Depending on what your credit is like now it can knock it down 75-100 points or so. It's because credit scores generally don't look at the amount of the derogatory item, just the fact that you owed someone money and didn't pay.

I plan on paying it, just not the full amount because some of the stuff they're asking for is normal wear and tear bull shit. They painted the ENTIRE apartment and are asking $110 for it. Which is bull shit, that's a normal paint job that wasn't necessary that they decided to do on their own as normal wear and tear. $50 for pressure washing the patio. $15 for cleaning the microwave(it was spotless) $20 for the cabinets $247 for the carpets(again normal wear and tear).

[Ksandra]

I plan on paying it, just not the full amount because some of the stuff they're asking for is normal wear and tear bull shit. They painted the ENTIRE apartment and are asking $110 for it. Which is bull shit, that's a normal paint job that wasn't necessary that they decided to do on their own as normal wear and tear. $50 for pressure washing the patio. $15 for cleaning the microwave(it was spotless) $20 for the cabinets $247 for the carpets(again normal wear and tear).

which is fine, but his point is that even paying half is not paying it in full. Credit score don't give a shit about the reasoning. If you fight and lose you will lose a lot on your credit.

[Dantrag]

which is fine, but his point is that even paying half is not paying it in full. Credit score don't give a shit about the reasoning. If you fight and lose you will lose a lot on your credit.

Correct, but if I have the account closed out and have them write it off as paid then it's done.

[Ksandra]

it can still be reoprted as not a full payment, they have to retract the issue. Paying on a debt half doesn't magically not effect your credit score.

[Dantrag]

I know, but I'm basically ready to file a BBB report and let them take it up with them.

[Laugana]

One thing to ask, did your contract mention what would happen upon vacating the premises? Our contract for renting over in England states that we have to pay to have the carpets cleaned when we leave even though the stains that are already there are from the previous tenant.

[Ksandra]

One thing to ask, did your contract mention what would happen upon vacating the premises? Our contract for renting over in England states that we have to pay to have the carpets cleaned when we leave even though the stains that are already there are from the previous tenant.

ya tbh I don't know if you have a leg to stand on in the sense of "it wasn't necessary". three out of the four apts I've lived in automatically hire a cleaning company when you leave no matter what. Even my in-laws rug-doctored the fuck out of their carpet and still had to pay because it was standard in the apt they lived in.

I just recently moved out of an apt and before leaving I asked them if they did it and they were like "yep so don't worry". I didn't clean shit 'cause experience told me it would just be a waste of time.

ONLY thing you got going for you is the time it took them to send it to you. I don't think you can make a case for the costs.

[Dantrag]

ya tbh I don't know if you have a leg to stand on in the sense of "it wasn't necessary". three out of the four apts I've lived in automatically hire a cleaning company when you leave no matter what. Even my in-laws rug-doctored the fuck out of their carpet and still had to pay because it was standard in the apt they lived in.

I just recently moved out of an apt and before leaving I asked them if they did it and they were like "yep so don't worry". I didn't clean shit 'cause experience told me it would just be a waste of time.

ONLY thing you got going for you is the time it took them to send it to you. I don't think you can make a case for the costs.

There wasn't charges for cleaning the carpet but for replacing it. Even on the thing it said that the carpet was not new on move in. If you google BBB Riverstone you'll find plenty against them and their practices. I'm fighting the stuff I know is considered normal wear and tear. Riverstone is notorious for trying to pass the buck.

[Ksandra]

There wasn't charges for cleaning the carpet but for replacing it. Even on the thing it said that the carpet was not new on move in. If you google BBB Riverstone you'll find plenty against them and their practices. I'm fighting the stuff I know is considered normal wear and tear. Riverstone is notorious for trying to pass the buck.

I mean, you can do w/e you want I'm just saying that it may not be worth it since it might hurt your credit. Did you ask them the reason why they felt that it had to be replaced and you charged for it?

[Dantrag]

I mean, you can do w/e you want I'm just saying that it may not be worth it since it might hurt your credit. Did you ask them the reason why they felt that it had to be replaced and you charged for it?

Yeah, they just said it was dirty, we rented a rug doctor and steam cleaned the fuck out of it before we left. They said it needed paint(which it didn't) and painted the entire apartment. I'll see where things go from here since I just filed a complaint with the BBB and we'll see what happens. Seems to work fairly well with the complaints that I read.

I think it may also be personal for me because it was flat out the shittiest living experience I've EVER had in my life.

And I've had to fucking squat in peoples houses because hurricane Hugo fucking destroyed our house. THAT was more enjoyable than living at this apartment complex.