if there is damage to the apartment that your landlord refuses to take care, especially the sink in the kitchen, which could potentially make the apartment uninhabitable, you could have filed for constructive eviction...your right as the tenant to completely vacate the premises and stop paying rent. look it up online.

7/11/2007 10:48:36 AM

There is a special place in Hell for rogue landlords.

7/11/2007 11:17:36 AM

I'm having trouble getting in contact with anyone in the DOJ about this. I've left like 4 messages but the guy (that the raleigh website lists) hasn't called back. Any suggestions on who to talk to?

7/24/2007 10:38:07 AM

heh, i guess i am lucky, we have a private landlord who has been good to us, always calls back, willing to pay for anything we do around the place or have folks do it, aka lock change when folks moved out, paid for paint if we wanted to change the color of our rooms, only rule on that was if we changed the rooms to an off the wall color he would provide paint to redo them white/cream again. Appliances went down, were fixed that day. Plus, going on 3 years with 0 rent increase, 275 a room on a 4 bed/ 4 bath.

7/24/2007 8:00:36 PM

bttt anyone know anyone worth contacting?

7/25/2007 9:15:55 AM

Depends on what you've done so far.

If you haven't contacted any third parties, I'd feel bad saying to give the AGs office a try, but if you have, and the landlord is being a dick still, then it IS in order.

7/25/2007 9:47:53 AM

Quote :

"I'm having trouble getting in contact with anyone in the DOJ about this. I've left like 4 messages but the guy (that the raleigh website lists) hasn't called back. Any suggestions on who to talk to"

call that number again, 0 out to the main operator and ask someone

7/25/2007 9:50:50 AM

I called the landlord and demanded receipts and pictures and he said he'd send them and has failed to do so (been over a week now).

I called the number for the AG listed on http://tinyurl.com/2xsur3

I talked to an operator who forwarded me to someones voicemail who I've left messages for several times with no callbacks.

[Edited on July 25, 2007 at 10:01 AM. Reason : .]

7/25/2007 9:54:58 AM

Please turn that into a tinyurl
Can you go down in person to the AGs office?

That number looks like the main one.

This is one of those instances where calling constantly, getting names, and keeping a log of calls is necessary.
Refusing to leave messages is also something to try. Tell the operator that you've gotten voicemail, and left message repeatedly, so to please transfer you to someone else, and that voicemail is no longer an option.

[Edited on July 25, 2007 at 10:01 AM. Reason : lkjf]

7/25/2007 10:00:49 AM

I don't live in raleigh right now so it's not really on option but I guess I could refuse the voicemail, although my faith in state employee's isn't always the highest.

"um yea, well he's not here so bye"

"wa...*click*"

7/25/2007 10:02:57 AM

Some of it seems excessive, some seems low. Replace fan light bulbs and broken blind are at cost. Trash hauling? How much did they have to pick up? Replace torn vinyl floor, you can make a case for pro-rating that crap. What is the standard life of a vinyl floor? How far into the life were you?

You were supposed to leave the place clean, but for whatever reason you made it his problem. If I was a landlord I wouldn't care so much about what a contractor or cleaning place charged me to clean it up, I'de care that it was done pronto so I could fulfill my obligations to my next tenant. That's how you get charged $25 an hour for trash and $60 for cleaning a bathroom.

The only thing I would take issue with is the Vinyl floor replacement. Have him pro-rate that crap. If the life of a vinyl floor in a rental unit is 5 years and you trashed it when it was new, yes, you need to be responsible for replacing 100% of it. If it was 2.5 years in, then 50%.

NC General Statutes Chapter 42 is all about Landlord/Tenant stuff:
http://www.ncga.state.nc.us/gascripts/Statutes/StatutesTOC.pl?Chapter=0042

Article 6 deals with Security Deposits
http://www.ncga.state.nc.us/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_42/Article_6.html
I thought the remedy used to be up to 3X damages, it doesn't look like that's in there.


Karma is a bitch tho. A friend of mine was renting a house in my neighborhood. My friend kept the place up beautifully, fixed things in the house (toilets, etc) for just the cost of the parts, basically a dream tenant. The landlord nickeled and dimed him to death when he moved out even thought the place was in better condition than when he moved in. After he was out the landlord hasn't rented the house for 18 months and the weeds are 4' high. Last we heard from the HOA is that it is being foreclosed on.

-- Dave

7/26/2007 10:19:04 AM

Well it seems that because he sent the deposit over a week late, the fact that he refuses to show me actual receipts and pictures that I should be able to get at least part of it back.

I'm not challenging the light bulb or blinds as they're at cost and I have no problem with reasonable charges, but I'm thinking he did all the work himself with his wife or something and just threw in a flat fee that he wanted. (ie. I'll just fine them 200 bucks each and throw these numbers here.)

7/26/2007 11:25:46 AM

Ok I'm tired of Lane (SkankinMonky) wining and discrediting me. If you go to my photo gallery you'll see just some of the pictures of the way the apartment was left for me on 6/1. Everyone's leases were through 5/31 and I told everyone that the apartment was to be given back to me in the condition they received it in. From looking at the pictures do you think they got it this way? The pictures of the bathroom are where his OCD friend supposedly cleaned. It took someone 1 1/2 hours to scrub the black residue from the bottom of the tub and another 1/2 hour to clean the rest (2 hrs x $30).

He's also forgetting to tell you that everything in the common areas were divided by 4 because I charged everyone, even my son who lived there. You can see all the crap that was left there that had to be bagged up and taken to the dump because the dumpster was full. The refrigerator took 2 hours to clean alone trying to get all the black crap out of the bottom.

Here's what SkankinMonky had to pay and you tell me if you think it's fair!
ITEM ITEM COST LABOR YOUR TOTAL
1) Move out trash hauling (4 hours) $0.00 $100.00 $25.00
2) Excessive kitchen cleaning $0.00 $120.00 $30.00
3) Excessive laundry room cleaning $0.00 $30.00 $7.50
4) Repair hole in laundry room door $0.00 $10.00 $2.50
5) Replace bent screen in sunroom $15.93 $0.00 $3.98
6) Replace torn vinyl floor in kitchen $248.54 $0.00 $62.14
7) Excessive bathroom cleaning $0.00 $60.00 $60.00
8) Replace fan light bulbs $3.20 $0.00 $3.20
9) Replace broken blind $4.02 $0.00 $4.02
$198.34

He also forgets to tell you that his lease didn't allow subleasing and he signed a one year lease. He finished school half way through the lease and I allowed him not once but twice to sublease. Ok, so let's see if I was fair. He signs a lease telling me he'll be there for one year and then changes his mind. I allow him to sublease to someone that is going to finish out the lease and that person leaves half way through to sublease to OCD guy that finshed it out.

As far as fixing stuff, I went there twice to tighten the faucet and they kept doing something it to make it leak. And Mr. College Graduate says I didn't fix an electrical outlet that was going to start a fire. Let's hope he never helps you at your house because it was a deactivated cable jack that was behind the couch.

Bottom line Lane grow up and take responsibility for your actions. You can't sign something and say "Oh I changed my mind" and if you wanted all your money back you should have checked the place before the lease was up and taken care if your investment. I'm taking care of mine! So stop trashing my posts because I could seek legal action for you not allowing me to have an income.

8/11/2007 12:42:46 PM

Those conditions represent how that apartment always looks. The floor had been torn at least since I lived there, I believe that it was torn while bringing in the new washer (which never needed to be replaced, it was the dryer that had problems). I'd be pretty certain that the mess is all from the other tenants, although that doesnt help you out if you have to split the mess in the common area down the middle.

8/11/2007 1:14:53 PM

Quote :

" He also forgets to tell you that his lease didn't allow subleasing and he signed a one year lease. He finished school half way through the lease and I allowed him not once but twice to sublease."

Actually I think if you read then you would know that I did post about this in one of the threads that have talked about this. But we can't expect too much from a shady landlord. Also, you gave me permission so whining about the fact that the 'lease didn't allow it' is your problem. I was guaranteeing you income. If I wanted to be a dick I could have just claimed economic hardship and had the lease annulled. Not too hard.

Quote :

" As far as fixing stuff, I went there twice to tighten the faucet and they kept doing something it to make it leak. "

I don't think you came in there twice. And the first time you did come was within 2 weeks of me moving in I believe. I also believe that there was a gasket that was broken in it, which had rotted and then had been put on the wrong way before I moved in. Oh yes, I'm such a horrible tenant for having sub-standard moving in conditions that you had to correct per the lease.

Quote :

"And Mr. College Graduate says I didn't fix an electrical outlet that was going to start a fire. Let's hope he never helps you at your house because it was a deactivated cable jack that was behind the couch."

You fail to mention the 2nd one that I was primarily concerned about which was the one in my room that was active and I was being forced to use. You also told me on the day of my move in that you would fix both of them. You also told the two subleasers the same thing. Sounds like you're being irresponsible.

Quote :

" Bottom line Lane grow up and take responsibility for your actions."

I am, you'll see soon enough.

Quote :

"So stop trashing my posts because I could seek legal action for you not allowing me to have an income."

Sorry, nothing I've said has been a lie. You're posting on open forums. If I happen to cross any other forums (don't worry, we've all seen your craigslist post as well) where you're posting I will refer them here. I'm doing nothing illegal and you know it, you're just facing the results of being a piss-poor landlord. I think you may be the one that needs to grow up. How old are you, mid-50's and trying to start a flame-war with someone who has just graduated college? Bravo.

Quote :

"Those conditions represent how that apartment always looks. The floor had been torn at least since I lived there, I believe that it was torn while bringing in the new washer (which never needed to be replaced, it was the dryer that had problems)."

Ding ding ding! thanks I assume you're the guy who's place I took. We briefly met once a few years ago! lol

[Edited on August 11, 2007 at 4:29 PM. Reason : .]

8/11/2007 4:29:05 PM

wow, I would have charged more to bag up all that crap. I'd say what he charged y'all for trash removal and cleanup is more than fair.

seriously, your getting your panties in a bunch over nothing. If you were so concerned that your "shady" landlord would try and screw you over then you should have gone over to the rental that was in YOUR name and make sure the place was cleaned properly before the lease ended. Did you or the landlord collect a security deposit from the guy you subleased too? I'm guessing no. Therefore you should have taken care of your "investment" like he said.

I've been royally screwed over by some landlords before and was justified in being angry about fees and bullshit but you live and learn. It would have been more headache and stress to hire an attorney and/or take them to small claims court so I just sucked it up and lost part of my security deposit.
Or try living in a house that was infested with brown recluse spiders. Roommate was bit 5 times resulting in huge hospital bills. Landlord refused to release us from our lease. We left and it went on my credit, but it's the only blemise and I was still approved for a loan for our house. Your story does not even come close!

Anyways, unless you have solid documention and pictures showing the conditions before you moved in and the day everyone moved out then you really don't have a case and will be wasting your time and money. Just learn from this and move on. It's less than $200.

8/12/2007 11:17:29 AM

^I agree they should be assessed for garbage removal, that's a big excessive to leave that much shit everywhere.

Everything else though is normal wear and tear. I didn't see anything other than normal cleaning you, as the landlord, should do ANYWAY after tenants leave.

8/12/2007 2:57:58 PM

BUT THIS TOILET...IT HAS...A RING!!!

[Edited on August 12, 2007 at 3:22 PM. Reason : 7 DAYS...7 DAYS IT WILL TAKE ME TO CLEAN IT.]

8/12/2007 3:22:02 PM

The landlord hadn't shown me any of these pictures before (despite promising me on the phone that he would, as well as promising he would provide an itemized receipt showing the charges were legitimately made, and not taken from the sky). The kitchen, if truly a picture taken after move-out is bad, although I still think the price is too high. I wouldn't have a problem paying some for the cleanup, but again, reasonable costs.

And in regards to any discoloration of the bathroom from the subleaser:

Quote :

" the orange shit is thx to the mineral content of the water - it wouldnt scrub clean (god i tried)"

and the bathroom picture:

Quote :

"(3:37:46 PM) subleaser: http://thewolfweb.com/photo_photo.aspx?user=32644&photo=484421&filter= this is not the condition i recall leaving it in (3:38:06 PM) subleaser: which makes me wonder"

[Edited on August 12, 2007 at 3:38 PM. Reason : .]

8/12/2007 3:31:26 PM

I love how all the mess is stuff that belonged to the other roommate (landlord's son) that asked to have them still there.

And how the trash we left in the living room was supposed to not be worried about, as said landlord's son said, hey, no big deal, we're gonna dump a bunch of trash off the balcony into a pickup and take it to the dumpster.

But counting from those pictures, the things of mine left were: a coffee pot (oops), a shirt (I'd say Russtang could wear it but he's too fat and would rip it), and a couple empty, lightweight beer boxes/transformers boxes (as mentioned before, told it would be handled/nobig). Yet, I pay as much as anyone else.

But hey Russ, if taking money from College kids gets you off, enjoy yourself.

8/12/2007 7:53:17 PM

Dude, you guys left shit EVERYWHERE.

You are supposed to CLEAN THE PLACE UP before leaving. Otherwise, it costs whatever it costs to have it cleaned. You are being stupid as hell about this now. You both sound like whiny bitches about things that were obviously your fault and you are just trying to cover your ass now.

8/12/2007 8:20:07 PM

I'm not disputing all of the charges. I want to be clear about this. I have no problem paying some fee or whatever for trash removal (although I do agree it was stupid as hell they didn't take all the trash out and make sure it was cleaner than when they moved in, if i would have known it would be a problem I would have gone there before they moved out.)

My problem is the charges. He admitted he was paying HIMSELF $30/hr to clean. That is not a legitimate change whatsoever.

8/12/2007 8:43:47 PM

he can pay himself 75 dollars an hour if that's his rate.

This is EXACTLY why you do the shit yourself. This isn't fraud, its you paying for your convenience. If his time is worth that, and he had to do it, damn right he's going to charge you for it.

Frankly, considering the state of disorder you left the place in, 30/hr is damn fair.

8/12/2007 8:48:47 PM

Oh, I also forgot to mention he sent it (the security deposit) outside of the 30 day limit he is allowed by the state, therefore he broke the law. The letter is postmarked.

8/12/2007 8:51:25 PM

Quote :

"It took someone 1 1/2 hours to scrub the black residue from the bottom of the tub and another 1/2 hour to clean the rest (2 hrs x $30). The refrigerator took 2 hours to clean alone trying to get all the black crap out of the bottom."

I never said that "I" cleaned the apartment. I did help paint, change the bulbs to the right ones, change the blinds and a couple of other repairs.

Quote :

"Oh, I also forgot to mention he sent it (the security deposit) outside of the 30 day limit he is allowed by the state, therefore he broke the law. The letter is postmarked."

The law also states you have to provide a forwarding address which you never gave me when you moved out which is your respondsibility. I sent it to your mothers address since I had that.

[Edited on August 12, 2007 at 9:20 PM. Reason : Correct quotes]

8/12/2007 9:08:15 PM

Quote :

"Upon any termination of the tenancy herein created, the Landlord may deduct from the Tenant Security Deposit amounts sufficient to pay: (1) any damages sustained by the Landlord as a result of the Tenant's nonpayment of rent or nonfulfillment of the Initial Term or any renewal periods, including the Tenant's failure to enter into possession; (2) any damages to the Premises for which the Tenant is responsible; (3) any unpaid bills which become a lien against the Premises due to the Tenant's occupancy; (4) any costs ofre¬renting the Premises after a breach of this lease by the Tenant; (5) any court costs incurred by the Landlord in connection with terminating the tenancy; and (6) any other damages of the Landlord which may then be a permitted use of the Tenant Security Deposit under the laws of this State. After having deducted the above amounts, the Landlord shall, if the Tenant's address is known to him, refund to the Tenant, within thirty (30) days after the termination of the tenancy and delivery of possession, the balance ofthe Tenant Security Deposit along with an itemized statement of any deductions. If the Tenant's address is unknown to the Landlord, the Landlord may deduct the above amounts and shall then hold the balance of the Tenant Security Deposit for the Tenant's collection for a six-month period beginning upon the termination of the tenancy and delivery of possession by the Tenant. If the Tenant fails to make demand for the balance of the Tenant Security Deposit within the six -month period, the Landlord shall not thereafter be liable to the Tenant for a refund ofthe Tenant Security Deposit or any part thereof. "

Quote :

"14. Tenant's Duties Upon Termination: Upon any termination of the Tenancy created hereby, whether by the Landlord or the Tenant and whether for breach or otherwise, the Tenant shall: (1) pay all utility bills due for services to the Premises for which he is responsible and have all such utility services discontinued; (2) vacate the Premises removing therefrom all Tenant's personal property of whatever nature; (3) properly sweep and clean the Premises, including plumbing fixtures, refrigerators, stoves and sinks, removing therefrom all rubbish, trash, garbage and refuse; (4) make such repairs and perform such other acts as are necessary to return the Premises, and any appliances or fixtures furnished in connection therewith, in the same condition as when Tenant took possession of the Premises; provided, however, Tenant shall not be responsible for ordinary wear and tear or for repairs required by law or by paragraph 7 above to be performed by Landlord; (5) fasten and lock all doors and windows; (6) return to the Landlord all keys to the Premises; and (7) notify the Landlord of the address to which the balance of the Security Deposit may be returned. If the Tenant fails to sweep out and clean the Premises, appliances and fixtures as herein provided, Tenant shall become liable, without notice or demand, to the Landlord for a cleaning fee. Such fee shall: (i) reflect the actual costs of cleaning (over and above ordinary wear and tear) and (ii) be deducted from the Security Deposit as provided in paragraph 5 above. "

These are parts of the the contract that SkankinMonky signed.

8/12/2007 9:44:09 PM

Dominion at Walnut Creek just fucked me out of $217, but there's a good chance I can recoup some of that since they never mailed me a list of damages and I only discovered that they had charged me anything because a collection agency called me. I expected some damage charges because frankly I didn't do much to clean the place up when i left and the bedroom blinds were destroyed. I figured the $100 deposit was worth it in the amount of time I saved. However, no papers within 30 days = no charges. Mostly I'm going to give them shit because I'm pissed about them sending it to a collection agency within literally 24 hours of the 30 days. I'm going to rip someone a new asshole over that one. They have no way of proving that anything was sent since they clearly didn't send it certified mail.

Oh, first house some roommates and I rented a landlord tried to pull some shit, we got all of our money back just by threatening court. It was $1500 worth of deposit so that shit was serious. Dude said there was pet damage in the house and a bunch of other utter garbage, which is interesting since none of us had a pet and he knew that since he came by every month to pick up the rent. Dude was a grade a prickshaft.

[Edited on August 12, 2007 at 9:49 PM. Reason : ad]

8/12/2007 9:46:43 PM

Quote :

" The law also states you have to provide a forwarding address which you never gave me when you moved out which is your respondsibility. I sent it to your mothers address since I had that."

Don't even try to pretend you didn't know this was my permanent address since I told you I would be moving back with my family and you had the address already. You sent everyone elses security deposits at the same time as well. The fact that I had to CALL and EMAIL you to get the deposit back shows how shady of an operation you were running.

8/12/2007 10:01:47 PM

Why don't you both just go to small claims court and get this over with?

8/12/2007 10:11:43 PM

don't listen to him^

I'd much rather you two air your drama out over tdub.

8/12/2007 10:29:36 PM

yea me too. Sounds like a case of friends and business not mixing, and the friend taking advantage and now getting pissed about it.

I sure as shit wouldnt rent to you SkankinMonky

8/13/2007 12:03:10 AM

i'd charge the shit out of you too for leaving all that shit laying around. who wants to spend an afternoon cleaning somoene elses refrigerator gunk. the way that place was left is fucking nasty, and i'd be embarassed to have my name associated with that mess.

Sounds like the guy was actually halfway decent about letting you sublet and everything. you left your place in shitty condition, so you should have to pay for it.

8/13/2007 12:45:29 AM

Quote :

"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 by the tenant. 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.)"

and if they take longer than 30 days?

9/27/2007 5:04:54 PM