User not logged in - login - register
Home Calendar Books School Tool Photo Gallery Message Boards Users Statistics Advertise Site Info
go to bottom | |
 Message Boards » » Security Deposit Dispute Page [1] 2, Next  
HUR
All American
17732 Posts
user info
edit post

Summary of Dispute: I finished tenancy of a property owned by Century 21 acting as agent for a property owner living out of the county. The maintenance coordinator and I have had a rough relationship from the beginning, often requiring me to go over her head to resolve maintenance issues during our tenancy.

After move-out despite our hard efforts to clean the place. We are informed that Century 21 is taking our entire $1025 deposit and claiming an additional $400. This figure was derived by the maintenance coordinator mentioned above. A fraction of the damages are legitimate, many are flat out fictitious or gross exaggerations, and the remainder is a function of the fact that their was a 10 day lag from our final day of the tenancy and the actual move out inspection (i.e. $100 for "lack" of lawn maintenance although we mowed and cleaned the yard the day before we moved out). During the lag before the inspection the house was open for visits from sale agents and potential buyers.

I have attempted to dispute the charges in writing and with detailed pictures of the residence at our move out. Century 21 even got a person from outside the maintenance coordinator's department to go over my dispute with the land owner. The land owner is, however, standing firm with her demand that the original move out report is valid. This is despite the fact that the woman I was dealing with told me that she thought the $ figure the original maintenance coordinator created was inflated.

My only option at this point is seems is to settle this in small claims. My questions is as follows.

Who do I need to target with my lawsuit?

According to my lease Century 21 is defined as "The Agent" who acts on behalf of the landlord regarding matters with the property. Also in the Security Deposit section, the lease explicitly says that the security deposit stays in the ownership of "The Agent" Century 21. The move-out reconciliation report was also created using a Century 21 maintenance person.

If Century 21 is the target, do address my paperwork the corporate officer or the maintenance manager of the company?

If legally my case must be against the property owner then what are my options? The owner lives out of the county at an address that Century 21 will not disclose. If I did want to sue teh owner directly can I sue her using the address of the property that I rented?

[Edited on September 23, 2011 at 2:29 PM. Reason : l]

9/23/2011 2:29:05 PM

Noen
All American
31346 Posts
user info
edit post

File small claims against Century 21 + the property owner since they won't disclose the owner's location.

Since you have detailed pictures, you will win easily in court. Just have to put up with the bullshit along the way.

9/23/2011 2:32:24 PM

Douche Bag
Fcuk you
4865 Posts
user info
edit post

Look up your property in the tax records and see where the mailing address is for the notices/tax receipts...that's where I'd start. If you want, PM me your address and I'll give you the owners official notice address. It could be mailed to Century 21...

9/23/2011 2:33:03 PM

HUR
All American
17732 Posts
user info
edit post

I was also wondering if I can legally sue the owner using her rental property as "her address." Letting the Sheriff serve the subpoena.

Property is 4930 Pin Oak Dr.
Wilmington NC 28411

Quote :
"Since you have detailed pictures, you will win easily in court. Just have to put up with the bullshit along the way"


Yeah I think it is almost a given. One of the charges was $150 for a "dirty air filter with a follow up HVAC repair". This is inspite the fact that I provided receipts and picture proof of the last 3 air filters changes occuring consecutive months up to the day of our move out. This was due to the fact that we have had HVAC issues at the residence since day 1. The house would be 86 degrees, the compressor running 100%, and the owner tried to blame it on us not replacing the air filter back in teh spring. Not until we threatened to vacate and null the lease due to failure to comply with NC GS 42-42; did the owner finally pay someone to come out and make the fix.

[Edited on September 23, 2011 at 3:03 PM. Reason : g]

9/23/2011 2:58:54 PM

GeniuSxBoY
Suspended
16786 Posts
user info
edit post

FYI: Never expect that you're going to get your security deposit back.


FYI: Use the security deposit to pay the last month's rent.

9/23/2011 3:01:20 PM

GeniuSxBoY
Suspended
16786 Posts
user info
edit post

More FYI:


Don't sue somebody for anything less than $5000 unless you represent yourself.


Don't sue somebody unless you have concrete photographic evidence with time stamp of before and after pictures you entered and left the property.

[Edited on September 23, 2011 at 3:06 PM. Reason : .]

9/23/2011 3:04:28 PM

HUR
All American
17732 Posts
user info
edit post

Quote :
"FYI: Never expect that you're going to get your security deposit back.


FYI: Use the security deposit to pay the last month's rent.

"


Is that a troll? That type of attitude is why shady real estate agents and land lords think they can get away with this shit.

Quote :
"Don't sue somebody for anything less than $5000 unless you represent yourself.
"


Plan to

Quote :
"

Don't sue somebody unless you have concrete photographic evidence with time stamp of before and after pictures you entered and left the property.

"


I have 74 pictures of the residence from the night before our move-out. Also roughly 30 from move-in. Nothing directly in teh move-out report was an issue during move-in. The one exception is a subset of the "trash" left behind pictures that was part of a $300 "excessive dirtiness and trash" charge.

Three of the pictures of trash were items left behind by the landlord that I naively thought to be "features" of the property. One example being garden pots adjacent to the garden and some building materials in the roof. Otherwise the only real issues were a stryofoam cooler left in a closet and my roommate left some crap under his bathroom sink. The rest were minor issues cleaning lapses (some of which I belive occured during agents showing the house). Using the Century 21 guidelines provided by their move-out checklist charges for cleaning and/or debris range from 50-250+. From the report you would think we left the place completely trashed which is far from the truth.

[Edited on September 23, 2011 at 3:25 PM. Reason : d]

9/23/2011 3:06:40 PM

GeniuSxBoY
Suspended
16786 Posts
user info
edit post

Quote :
"Is that a troll? That type of attitude is why shady real estate agents and land lords think they can get away with this shit."



Is it a troll? No.

If you don't pay the rent, the security deposit == 1 months rent. You save yourself a lot of time, money, and headache.

If they have a security deposit dispute, then you have bargaining chip power.
If you don't see eye to eye...then THEY now have to spend their OWN money to sue you.

If you're SOO sure you did nothing wrong, then you have nothing to worry about. They'll take you to court and the judge will side with you.

You only lose if >>>you're lying<<<<



It's called playing the game.

9/23/2011 3:34:05 PM

Belle
Veteran
406 Posts
user info
edit post

I feel for you on this issue, guys like that (your coordinator) are slime. Let us all know how it works out, I'm pulling for you to wipe the floor with these bogus claims. Just glad you got all those pictures ahead of time!

9/23/2011 3:38:38 PM

quagmire02
All American
44225 Posts
user info
edit post

just a note that north carolina is a landlord-friendly state...it sounds like you have a pretty solid case, but just be aware that, as a general rule, you'll be fighting an uphill battle (though in your case it's more of a gentle incline, i think )

9/23/2011 4:30:36 PM

HUR
All American
17732 Posts
user info
edit post

Quote :
"If you don't pay the rent, the security deposit == 1 months rent. You save yourself a lot of time, money, and headache.

If they have a security deposit dispute, then you have bargaining chip power.
If you don't see eye to eye...then THEY now have to spend their OWN money to sue you.

If you're SOO sure you did nothing wrong, then you have nothing to worry about. They'll take you to court and the judge will side with you.
"


That actually makes logical sense.

9/23/2011 5:48:46 PM

Ernie
All American
45943 Posts
user info
edit post

Every lease I've ever seen explicitly states that the deposit cannot be used for the last month's rent. I have no idea what the means legally, though.

9/23/2011 6:08:26 PM

Jax883
All American
5562 Posts
user info
edit post

^ It basically means you can't move out without paying the last month's rent, because sometimes there are legitimate reasons to use a sec dep and if it's burned up paying the rental consideration, it can't be used to cover those damages. That's often why landlord's ask for sec dep + first & last up front. By violating the lease terms using the security to pay the rent, you expose yourself to civil action. Don't be dumb, because in situations like these you will have helped compromise your case if you did wish to go to court.

To the OP: If your intention is to sue, you would probably put both names on the complaint. However, you might also wish to bring the matter to the attention of the NC Real Estate Commission before you proceed with a civil claim. Real estate agents get threatened to be sued by discontent folks all the time. They fear the NCREC because that's who issues their licenses.

http://www.nhcgov.com/Pages/GIS.aspx
This is the tool you can use to get the property owners primary address.

Quote :
"the lease explicitly says that the security deposit stays in the ownership of "The Agent" "

That's actually for your protection. Here's why if you want to know (or skip if you don't):
1) You have to have a Real Estate License to engage in Buy/Selling/Property Management in NC.
2) Property Managing Agents for owners are required by the NC Real Estate Commission to hold tenants' security deposits in a trust account and disclose to you the name of the banking institution they're using. This is because some property owners would spend the sec dep and not have anything to return to a tenant when the lease was up, so the NCREC placed the responsibility of the money holding with the agent.
3) The NCREC does not fuck with this. At all. They audit firms all the time...there's even a section in the news mailing the NCREC does that talks about who lost their license and why. Most of those are to trust account violations and DUIs.


I do have a few questions
*Does your lease indicate which bank the sec dep funds are being held?
*What were the line items listed on the sec dep letter from C21?
*How many of them do you agree with? You generalized a few but the devil really is in the details in these cases.
*Do you have written evidence of disagreements with the maintenance coordinator? For the personal property (the pot, building stuff) do any of those 30-odd pics show the property there? For the HVAC, did you communicate about the receipts in writing?
*Did C21 provide before/after pictures of the work that was paid for with the sec dep?
*What were the dates you moved out, the lease termination, the initial letter to you indicating the sec dep hold and the date you responded in writing?

[Edited on September 24, 2011 at 5:49 AM. Reason : .]

9/24/2011 5:35:37 AM

HUR
All American
17732 Posts
user info
edit post

Quote :
"*Does your lease indicate which bank the sec dep funds are being held?"


I got all my evidence at work but the bank is local.

Quote :
"What were the line items listed on the sec dep letter from C21?"


$500 - Painting and bad patch jobs.

I admit partial responsibility for this charge, however, there was pre-exisiting nail holes, wall scuff marks, and thin paint pre-exisiting at the house. This was noted and documented with my move-in report along with pictures. The $500 was a figure derived by the Century 21 maintenance coordinator. From my discussion with her manager the owner per verbal discussion was going to reduce this recommended charge, but the owner changed face when we got heavy on disputing the move-out report.

$300 - Excessively Dirty and Trash

I detailed this above. The house was spotless besides the few items I mentioned, and minor items ( dust fan, some dirtiness on the wall trim) which per Century 21's guidelines would have been a "partial cleaning fee" of $50. This is discounting the fact that real estate agents were showing the house during the period and this would affect the house's apparent cleanliness by the move out inspection

$150 - Broken Vinyl Trim

A small piece of the vinyl appears to have been broken on the exterior of the house near the master bedroom. I can not fathom how they faulted this as tenant damage instead of natural wear and tear from being in the outside elements.

$75 - Missing Kitchen Lightbulb Cover

The cover was not missing and is clearly in my move-out photos. I took this down per the move-out inspectors request to ensure the bulbs were functional. During the inspection (i was present for about half the move-out inspection) the guy said he forgot his step ladder and would replace the cover but this would not affect my move-out report. When I claimed this during my initial conversation with Century 21, they not only called me a liar but altered their claim. The charge instead became for the "labor" of putting the cover back on.

$150 - Lawn Charge for not mowing and maintaining yard. Dead spot in lawn from car parked in grass

I discussed this above, but the dead spot in the grass is actually located adjacent to the neighbor's yard. I have a photo showing this from a follow-up visit I made to the property.

$150 - Dirty Air Filter and follow up HVAC repair

I covered this above. Pretty much a slap in the face and a "fuck you" from the owner after all the shit and complaints we made while residing at the property.

$40 - Broken Window Blind

I have pictures of every window blind in the house. None broken. I think this occurred during the showing of the house over the almost 2 weeks lag between vacancy and inspection.

$75 - Broken fridge shelf - My fault.

Quote :
"Do you have written evidence of disagreements with the maintenance coordinator? For the personal property (the pot, building stuff) do any of those 30-odd pics show the property there? For the HVAC, did you communicate about the receipts in writing?"


I have written letters but they are in custody of Century 21. I did not think to have a copy. Century 21 even prior to our move-out during our threat to vacate the property due to the HVAC would not release the maintenance records.

Quote :
"Did C21 provide before/after pictures of the work that was paid for with the sec dep? "


They provided the before but not after. I know for a fact that the lawn looks like shit and is not maintained. From looking into the windows there is evidence of repainting. This, however, would have taken place due to the pre move-in condition of the house since they are trying to sell the unit.

Quote :
"What were the dates you moved out, the lease termination, the initial letter to you indicating the sec dep hold and the date you responded in writing?"


Move Out 6/14/2011
Last Cleaning visit to House 6/24/2011
Lease Termination 6/25/2011
Move Out Inspection 7/6/2011
Date Move-Out Reconciliation Report Release 7/25/2011
My Dispute Letter submitted 7/27/2011
Response of dispute from Century 21 8/25/2011

Using the website you provided the owner does appear to live in Asheville (not actual address is listed though). I do believe from studying NC small claims law that if I sue the owner and Century 21, I can have the lawsuit conducted in NHC.

Can you subpoena for documents in a small claims court? I think the maintenance records from our tenancy would be valuable in court.

[Edited on September 24, 2011 at 3:09 PM. Reason : a]

9/24/2011 3:07:25 PM

GeniuSxBoY
Suspended
16786 Posts
user info
edit post

To put things in perspective, you make more than $1025 in a month. So you lost $1025, that's one month's rent and I know it's not going to break you because you've paid at least 12 of them already.

You will make $750,000 over your lifetime. What's $1025 compared to your lifetime? You have to learn to cut your losses and save yourself time and mental health. Time is more important than money. You can always double the money you make, but you can never double the time you have on Earth. It takes a lot of maturity to let an argument go knowing deep down inside that you're right.

From what you told me in detail, it sounds like all of the above were legitimate write ups. The amount they charged was a little excessive BUT, even if you reduce all the charges by 50%, this lawsuit is not worth your time and effort.

It's infuriating, I know, but seriously, if I were a judge, I would feel obligated to side with the landowner on this one since you admit to most of them, it's just an argument on value and value is something that differs in opinion from person to person. Something like a light cover could be valued at $10 to you, but it could easily be valued at $75 to the owner.


Education costs money. Takes this as a learning experience.

9/24/2011 11:28:09 PM

puck_it
All American
15446 Posts
user info
edit post

750,000? Where the hell did that number come from

9/25/2011 12:45:43 AM

theDuke866
All American
52610 Posts
user info
edit post

Quote :
"To put things in perspective, you make more than $1025 in a month. So you lost $1025, that's one month's rent and I know it's not going to break you because you've paid at least 12 of them already.

You will make $750,000 over your lifetime. What's $1025 compared to your lifetime? You have to learn to cut your losses and save yourself time and mental health. Time is more important than money. You can always double the money you make, but you can never double the time you have on Earth. It takes a lot of maturity to let an argument go knowing deep down inside that you're right."


Fuck that. IF you're right, and I can't say just by reading this thread, do not let this go. Landlords love to keep deposits for bullshit reasons--don't enable that behavior by rolling over and taking it.

9/25/2011 1:10:20 AM

GeniuSxBoY
Suspended
16786 Posts
user info
edit post

$30,000 a year for 25 years is $750,000.


Yes, it's feasible, and yes, you'll probably make more. A lot more.

9/25/2011 3:40:39 AM

GeniuSxBoY
Suspended
16786 Posts
user info
edit post

^^

TheDuke is suggesting you're going to change the world with one aggressive lawsuit, which is an even more outrageous claim. You're not going to change anyone's behavior by suing these people.

TheDuke likes to start drama for no reason. He's one of the types of people that would get into a fight without thinking things through. He's one of the types that would pull the trigger because he was butthurt for 5 seconds in his life, without thinking about the fact he'd go to jail for the rest of his life.

Please don't be a "Theduke" and waste your life over this remedial and tired argument over a truly microscopic amount of money.

Just let it go. It'll be okay. You'll sleep easier. Everyone's happy at your expense.

What goes around comes around, GOOD karma will come to you.

As a matter of fact. Challenge yourself and take this one step farther. Send a letter saying thank you for letting you rent the house. Without being sarcastic, tell them that you are dropping the dispute. Perhaps you can even talk your way into a free dinner or even open doors in the future when you might need a reference.

Talk about putting a POSITIVE spin on society, instead of using the Duke "The Hammer" Stanley approach, this will definitely turn some heads and promote peace in society.


[Edited on September 25, 2011 at 4:01 AM. Reason : .]

9/25/2011 3:55:43 AM

State Oz
All American
1897 Posts
user info
edit post

Do you think that the owner is going to spend the time to sue you?

If not, just forfeit the $1025 and move on. It's not like you can get it back without suing them. As far as the $400, I wouldn't pay it until a judge ordered you to do so. If they do sue, just take your evidence to court and see what happens.

9/25/2011 4:26:26 AM

theDuke866
All American
52610 Posts
user info
edit post

Quote :
"Just let it go. It'll be okay. You'll sleep easier. Everyone's happy at your expense.

What goes around comes around, GOOD karma will come to you.

As a matter of fact. Challenge yourself and take this one step farther. Send a letter saying thank you for letting you rent the house. Without being sarcastic, tell them that you are dropping the dispute. Perhaps you can even talk your way into a free dinner or even open doors in the future when you might need a reference."


Haha, Jesus fuck.

[Edited on September 25, 2011 at 9:11 AM. Reason : and where do you get off commenting on my personality like you fucking know me?]

9/25/2011 9:09:48 AM

Shivan Bird
Football time
11094 Posts
user info
edit post

I'd love to root for you to take on the man, but be realistic. They want to stick you with $1440. You have to convince a judge for it to be significantly lower than $1025 to be worth it. What's the best-case scenario? You spend time, money, & effort in court and the judge gives you $300 back? I like to have principles but I learned long ago that a security deposit is money you shouldn't count on seeing again. Tell them to fuck off on the extra $400 and go your separate ways.

9/25/2011 10:07:46 AM

theDuke866
All American
52610 Posts
user info
edit post

I DO think that you should only press it if you have a very solid case, as they will likely countersue for the full $1425, whereas without court, you can probably just tell them to get fucked on that part.

If you think they'll initiate a suit on their own for the $400, I'd beat them to the punch.

9/25/2011 11:32:07 AM

HUR
All American
17732 Posts
user info
edit post

The $400 will be sent a to a collection agency via Century 21 for my failure to pay. I can still tell them to fuck off but I think I have a legitimate case for getting a significant amount of the deposit back.

I have documented receipt and records of changing out the air filter twice in the last two months of my tenancy. Plus their is a paper trail of consistent HVAC issues with the house that we have complained about. The fact that they still listed this as a charge item on our move out report, how can the magistrate take anything else on the report seriously.

[Edited on September 25, 2011 at 2:13 PM. Reason : a]

9/25/2011 2:12:21 PM

roddy
All American
25822 Posts
user info
edit post

Better go ahead and get ready to dispute it on your credit report....wait until it hits and then call/write each one disputing it. When I was processing loans, if the report had disputed beside it we usually didnt count it.

9/25/2011 2:46:39 PM

GeniuSxBoY
Suspended
16786 Posts
user info
edit post

I have a question...


How many hours do you have to work to make $400?


How many hours do you think it will take to set up the lawsuit, take them to court, and wait for payment IF and only IF you win? I say IF because you can set up the lawsuit, take them to court, and LOSE. You'll STILL end up owing the same amount of money plus court costs plus the other person's court costs for wasting their time. So you'll lose more money and time than if you just worked and paid the $400 they want.

Consider it a traffic ticket of life

Pick your battles.

9/25/2011 5:20:16 PM

HUR
All American
17732 Posts
user info
edit post

I honestly feel like the charges are so ridiculous and absurd that I don't have much to lose.

If I understand the court costs right, all I have to do is convince the judge to overturn a single line item for a partial ruling that AND the fact that I made a diligent effort to resolve this out of court would mean that Century 21 would pay the court costs.

Also, how does subpoenaing evidence work? I would like to obtain all the maintenance records for the property during the time of my tenancy. Even when I was still residing at the residence, the owner "refused" to authorize Century 21 to release the records. This or the maintenance coordinator was full of shit.

9/25/2011 7:07:13 PM

Shivan Bird
Football time
11094 Posts
user info
edit post

To avoid the collection agency hassle, try to talk the bill down to match the security deposit. Subpoenaing evidence, really? Maybe I watch too much Judge Judy, but if you go through with this, just bring your evidence and tell the judge what happened. The world isn't that concerned with your $150 charge.

BTW, is a BBB complaint an option?

9/25/2011 10:53:39 PM

HUR
All American
17732 Posts
user info
edit post

Quote :
"try to talk the bill down to match the security deposit."


Already tried this. The maintenance coordinator created a list of "damages" that she presented to the landlord as $1400. I have written a dispute, filed a complaint on the maintenance coordinator, and dealt with an internal mediator within Century 21. As the mediator informed me, she can only act as the landlord tells her when all is said and done. The landlord is selling the property upside down, was informed she could get the full deposit plus some. The mediator even stated even she thought the assessment was bogus along with the actual inspector who performed the inspection (i called him after receiving the report).

BBB is a good idea.

To put things in perspective, one evening i was adjusting the Thermostat (last November) and the whole damn unit fell through the dry wall. Turns out the unit was literally glued into a cut out of teh wall, not mounted to a stud or any other best practice. I called the Century 21 Maintenance Coordinator who accused me of breaking the thermostat and attempted to claim that repairing the unit was my responsibility. This did no fly after a quick call to her boss but this is how big of a bitch this woman is.



[Edited on September 25, 2011 at 11:30 PM. Reason : l]

9/25/2011 11:26:55 PM

lewisje
All American
9196 Posts
user info
edit post

the OP's username is oddly appropriate ITT

9/25/2011 11:40:11 PM

theDuke866
All American
52610 Posts
user info
edit post

Quote :
"How many hours do you think it will take to set up the lawsuit, take them to court, and wait for payment IF and only IF you win? I say IF because you can set up the lawsuit, take them to court, and LOSE. You'll STILL end up owing the same amount of money plus court costs plus the other person's court costs for wasting their time. So you'll lose more money and time than if you just worked and paid the $400 they want. "


It's pretty obvious that you've never been to small claims court. The prep will take maybe 30 minutes, and the hearing will take about 5-10 (plus maybe a couple of hours sitting around waiting for your turn). That's pretty much it. If you win, you get a check in the mail.

9/25/2011 11:41:00 PM

rwoody
Save TWW
36541 Posts
user info
edit post

Quote :
"What goes around comes around, GOOD karma will come to you."


a well known slogan of people who get shit on their whole life b/c they never stand up for themselves, and die penniless and alone


this is the lounge, where trolling isnt supposed to be tolerated.

"forget about it and live your life" is not helpful advice in any way

[Edited on September 26, 2011 at 12:52 AM. Reason : a]

9/26/2011 12:51:31 AM

GeniuSxBoY
Suspended
16786 Posts
user info
edit post

Quote :
"this is the lounge, where trolling isnt supposed to be tolerated.

"forget about it and live your life" is not helpful advice in any way"




Stop trolling. This is a serious thread. If you'd like to troll, start a topic in Chit Chat.

9/26/2011 3:27:55 AM

Netstorm
All American
7547 Posts
user info
edit post

"I'm not trolling, you're trolling! Look how much of a troll you are!"

9/26/2011 4:34:51 AM

mrfrog

15145 Posts
user info
edit post

Quote :
"The landlord is selling the property upside down"


what does that mean?

9/26/2011 10:12:01 AM

Smath74
All American
93276 Posts
user info
edit post

it's just 400 bucks.

went back and read... bad situation. i'd be pissed, but honestly it is hard to fight and win disagreements like this since it is your credit that will be hurt in the long run if you don't pay up.

[Edited on September 26, 2011 at 10:25 AM. Reason : ]

9/26/2011 10:23:04 AM

krneo1
Veteran
426 Posts
user info
edit post

^^Means they're selling at a loss. They owe more than the house is worth.

This situation really sucks, HUR.. I wish I had some advice. It sounds possibly like the owner is freaking about money (losing money on the house, possibly losing money on other ventures or shitty life issues) and taking it out on you

I guess let the sec. deposit go, but don't let them take the other $400 without court interference.

9/26/2011 10:48:56 AM

wolfpackgrrr
All American
39759 Posts
user info
edit post

Let us know how it goes. I think the fact that you have so much documentation will only help you in the end. Hell, all it might take is a certified letter from a lawyer to get them to back down and give you back your deposit.

I'm getting ready to move out my apartment on Thursday and can't wait for them to try to bring shit up during the move-out walk. The maintenance has been horrible and they've even broken shit while fixing other shit to the point we just gave up calling maintenance and started fixing things ourselves when we could.

9/26/2011 11:10:03 AM

Jax883
All American
5562 Posts
user info
edit post

One real quick thing fwiw...You typically don't see a judge in small claims...its more on the order of a magistrate.


$500 - Painting and bad patch jobs.
Ask for the invoice and see what portion you're paying for: they have to have paperwork for the bill, even if it was done internally. They may not give it to you, but either way they'll need to prove the work was valid if your intent is court action. Typically the landlord repaints between tenants anyway, though I can't remember if that's specifically mentioned in ncgs42 or not.

Excessively Dirty and Trash
So is it $50 or $300? If you have move out pictures, this should nip it in the bud. Permitted uses of the deposit are in ncgs42-51 and don't include trash unless it damages the property (disclaimer: I'm no lawyer).

$150 - Broken Vinyl Trim
Do your pictures by chance show this (or any old pictures you might have) and/or does c21 have pictures of what it looked like before they repaired it? How high up is it? Not saying it isn't valid, but make them give you a written reason as to why this was judged to be not-wear-&-tear.

Missing Kitchen Lightbulb Cover
Did they make that request in writing? And at what point are they making these written "revisions"?


Dirty Air Filter and follow up HVAC repair
Maybe I missed it in the mass of shit above. What was the repair?

Lawn Charge for not mowing and maintaining yard. Dead spot in lawn from car parked in grass
Sounds like pictures and a statement to the effect of grass grows fast (fast=jun14-jul6) in the summer would make your case here.

Broken Window Blind
Are the pictures of when you moved out or when you came to the inspection 10 days later?

You mentioned that there were showings after you had moved out but before the inspection...were you contacted about those showings or did you already tell C21 you were moving out on the 14th?


Quote :
"I can have the lawsuit conducted in NHC."

Leases almost always have a "Laws Governing" section. Smart property management firms want to make sure the courtroom is local to them. Travel is expensive.

Quote :
"Can you subpoena for documents in a small claims court? I think the maintenance records from our tenancy would be valuable in court."

That's a good question. I never had anyone subpoena our maintenance docs in the small claims I was involved with. But we did have invoices, even with work done internally.

I would also write a letter to the Real Estate Commission and present what you have so far. NCREC may ask C21 to respond -and if they do you can bet your ass c21 will have their details in line in their response.





[Edited on September 29, 2011 at 10:30 PM. Reason : .]

9/29/2011 10:27:39 PM

wolfpackgrrr
All American
39759 Posts
user info
edit post

Well we had the walk through and the only thing they're charging us for is a blind my damn cat fucked up the day before we moved out Everything went better than expected.

9/30/2011 8:24:21 AM

Chief
All American
3402 Posts
user info
edit post

Hooray beer!

Glad to hear that. It's almost always worth it to challenge things, even if on principle alone.

[Edited on September 30, 2011 at 1:09 PM. Reason : damit wolfpackgrr I thought it was the OP stating that]

9/30/2011 1:04:38 PM

settledown
Suspended
11583 Posts
user info
edit post

another thread hijack

surprised it wasn't about Japan

9/30/2011 1:13:34 PM

wolfpackgrrr
All American
39759 Posts
user info
edit post

^^ lol my bad. Turning it into a general security deposit thread

I'm actually surprised these don't pop up more often on tdub. I remember Preiss Company used to be really awful about not giving money back. Have people finally learned and stopped renting from them?

9/30/2011 1:16:11 PM

HUR
All American
17732 Posts
user info
edit post

So everything I have heard and read so far says that I can not sue the house owner in my county because she lives in Ashville. This includes a lawyer I initially tried to schedule a meeting with but he seemed to have blown me off. A lawyer I met with last Wednesday, however, says that I can sue her in small claims since the property in dispute is in the county.

Which is true?

10/3/2011 7:11:07 PM

Jax883
All American
5562 Posts
user info
edit post

Check towards the end of your lease, is there no section that speaks to laws governing?

10/3/2011 7:36:10 PM

aaronburro
Sup, B
52637 Posts
user info
edit post

threadjack:
As some of you know, I had a job lined up in Charleston, SC that fell through. Before it fell through, I signed a lease for a place and sent over a certified check for it. 3 days before the lease was to start, I got the call that my jerb was gone, and I called the RE agent letting him know the deal. What are the chances I can get my money back? They literally don't have to do a thing to the place that they didn't already have to do, because the old tenant moved out a week before I signed the lease. Given that I'm unemployed, it'd be real nice to get that money back, lol

[Edited on October 3, 2011 at 10:29 PM. Reason : ]

10/3/2011 10:27:26 PM

GeniuSxBoY
Suspended
16786 Posts
user info
edit post

Did you read the piece of paper you signed?

It should definitely say on that. No troll.

10/3/2011 10:51:24 PM

aaronburro
Sup, B
52637 Posts
user info
edit post

i did read it. I don't recall it saying anything about what happens if you cancel the lease before taking possession.

10/3/2011 10:55:18 PM

GeniuSxBoY
Suspended
16786 Posts
user info
edit post

Do you have a copy??

10/4/2011 12:39:01 AM

Noen
All American
31346 Posts
user info
edit post

You signed the lease, you're responsible for paying it.

You can ask, and hopefully they'll work with you, but they're under no obligation to do so. Looks like you may be moving even without the job lined up.

10/4/2011 1:48:46 AM

 Message Boards » The Lounge » Security Deposit Dispute Page [1] 2, Next  
go to top | |
Admin Options : move topic | lock topic

© 2024 by The Wolf Web - All Rights Reserved.
The material located at this site is not endorsed, sponsored or provided by or on behalf of North Carolina State University.
Powered by CrazyWeb v2.38 - our disclaimer.