Landlord dispute, what to do?

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Sigequinox220

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We just got a bill for 3500$ from the apartment complex we lived at. This is a complete scam.

They use unsealed granite that stains from contact with water so they can charge people twice what they paid when tenant leaves.

Anyway, good news for us is they also had such low quality plumbing that a pipe burst from brittle pvc. The clean up crew they sent left wet towels and crap everywhere during cleanup.


My question is, do I contact a lawyer???A lawyer would be cheaper AND I can keep my dignity from being scam victim.

these people can go hang themselves because we ain’t paying a dime. I have 815 credit score, wife is similar. Have plenty of room to take a hit on our credit score.
 
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I don’t know if a lawyer would end up cheaper then $3,500.....and not worth the credit hit. Maybe the threat of a lawyer will persuade them to drop it or settle for less.
 
I don’t know if a lawyer would end up cheaper then $3,500.....and not worth the credit hit. Maybe the threat of a lawyer will persuade them to drop it or settle for less.

can I just dispute the charges almost indefinitely? This is why I need a lawyer.

theres 1 thing that is NOT happening. That’s them getting the money. I’d rather pay a lawyer to provide winning strategy at higher expense then for these con artists to get paid
 
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Counter sue for damages amounting to the lawyer fees and a chunk for your emotional damages?
 
can I just dispute the charges almost indefinitely? This is why I need a lawyer.

theres 1 thing that is NOT happening. That’s them getting the money. I’d rather pay a lawyer to provide winning strategy at higher expense then for these con artists to get paid

What county do you live in now and what county is the old apartments? They will have to go to small claims in the county of your residence so they might not want to even do it.
 
Well..they can't even evict you right now.... cause of "covid" ....so......

Save your money and move somewhere else......just a thought

DS
 
What county do you live in now and what county is the old apartments? They will have to go to small claims in the county of your residence so they might not want to even do it.
Was Durham now wake
 
Well..they can't even evict you right now.... cause of "covid" ....so......

Save your money and move somewhere else......just a thought

DS
We moved 2 months ago into house...and paid our lease break that amounted to nearly 4 months rent already. That was fair and square we knew the risk there and consented to it. This...this though is a scam so they can recoup losses from Covid I’m sure.
 
Counter sue for damages amounting to the lawyer fees and a chunk for your emotional damages?

this is what I was thinking will need to happen. We say “take us to court” mother company sues...then we would counter sue the specific complex since it was their cleaning staff that put wet towels on our counters.
Plus the emotional damages for my pregnant wife, who is very stressed about this.
 
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tell you are going to sue for discrimination cause of their white white privilege.


seriously, hope you got pictures.

if they are trying to pull this mess, well better you than me. i have granite countertops and noticed the same on mine. i would look through the lease or rental agreement and see if there is anything in there about it.

good thing though for you, tenants have a lot of protection versus landlords.

find a lawyer, and good luck
 
tell you are going to sue for discrimination cause of their white white privilege.


seriously, hope you got pictures.

if they are trying to pull this mess, well better you than me. i have granite countertops and noticed the same on mine. i would look through the lease or rental agreement and see if there is anything in there about it.

good thing though for you, tenants have a lot of protection versus landlords.

find a lawyer, and good luck

based on the fact that it’s water staining of unsealed granite, it could be easily argued that this is “normal wear” as it in unreasonable to expect water not to get on countertops. Normal wear is clearly stated in lease agreement as to not be extra charge. Throw in the fact that their pipes burst on us and their cleaning crew left soaking wet towels (that we had to give them lol) all over the counters, means it’s not only normal wear, but the fault of their own employees fault.
 
I would suggest starting by sending them a certified letter in which you detail the facts that the water stains were caused by the broken pipe and their contractor.

Copy your lawyer on the letter (Cc Below your signature line.

if they want to pursue it, then you will have a document trail to use for recovering your legal costs after you win in court.
 
based on the fact that it’s water staining of unsealed granite, it could be easily argued that this is “normal wear” as it in unreasonable to expect water not to get on countertops. Normal wear is clearly stated in lease agreement as to not be extra charge. Throw in the fact that their pipes burst on us and their cleaning crew left soaking wet towels (that we had to give them lol) all over the counters, means it’s not only normal wear, but the fault of their own employees fault.
Do you have actual evidence that this happened? Photographs, statements, emails, etc...
 
this is what I was thinking will need to happen. We say “take us to court” mother company sues...then we would counter sue the specific complex since it was their cleaning staff that put wet towels on our counters.
Did you bring this to their attention at the time, and get some kind of written/recorded response from them?
 
Did you bring this to their attention at the time, and get some kind of written/recorded response from them?

****MOD EDIT: You've been told repeatedly about language in the open areas of the forum**** Just stop. @Sigequinox220
 
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Do you have actual evidence that this happened? Photographs, statements, emails, etc...

Photo yes, and then an emergency maintenance ticket was submitted for the event because it was like 9 at night.
 
I’d pay a lawyer to write a cease and desist letter outlining your reasons why you don’t feel that you are responsible for the damage.
In the letter have any further contact about the issue should go through your lawyers office.
 
Durham huh? I can see it now. Write a letter explaining their sub contractor caused the issue and any attempt to collect will be met with legal ramifications. My daughter was in grad school and had an apartment in Durham. Her racist roommate they matched her up with claimed she was dangerous to live with because my daughter asked her what her problem was (claimed she threatened her). The complex told her and me she had to leave and then pay two months rent. I got the two office people’s names and promised them I would not sue the complex but them directly and they could spend many thousands in legal cost. Man they changed their minds fast. Daughter moved to Cary in with a like people and drove back to school.
 
You can write the letter yourself, CC your lawyer on the bottom, Dewy, Cheatem and Howe. ;)
No just put a name like Remington Steele, Esq. or pay a real lawyer a flat rate for the letter.
 
You’re likely going to end up hiring a lawyer, so I’d do that before writing any letter. Sending your own letter is the equivalent of giving a statement to police after you shoot someone, you may be perfectly innocent, but you don’t know the issues and you don’t know what you should or shouldn’t say.

Since it is a contract dispute over real property you might be stuck in court in their jurisdiction, that should be an easy question when you interview a couple lawyers.
 
I would never hire an attorney for small claims court. It's a court for the people. But I would read chapter 42 of NCGS to figure out what they can and can not claim. Emotional distress of your pregnant wife isn't going to matter. Just let them do anything they are going to do first, then you can file counter claims for free. They may not even want to go to a different county to file.
 
find a lawyer
Counter sue for damages
You’re likely going to end up hiring a lawyer
do I contact a lawyer???
the threat of a lawyer
emotional damages for my pregnant wife
tell you are going to sue for discrimination
I’d pay a lawyer
Lawyer definitely.
CC your lawyer on the bottom, Dewy, Cheatem and Howe. ;)
No just put a name like Remington Steele, Esq.
interview a couple lawyers.

Nothing will strike fear in them like telling them you have contacted your Lawyer...the Great....Jay Noble Daggett
 
One reason I would get a lawyer to write the letter is that it shows a willingness to pursue litigation. Once you’ve brought the legal system into the equation, any attempt on their part to extort the funds, such as filing a negative credit report will be looked poorly upon should you pursue them.

Chances are they’re mostly bluff and bluster which works often enough for them to attempt it, but to actually sue you for it would cost them more than they’ll recover, not to mention judgements aren’t worth squat in this state and are neigh on impossible to collect on.
 
If you are not going with a lawyer because you are willing to just show up in small claims court, then I would send them a certified letter asking for an itemized accounting of all damages that they are claiming over and above the damages done by their maintenance crew, and how water on a countertop constitutes damage beyond normal wear.
 
One reason I would get a lawyer to write the letter is that it shows a willingness to pursue litigation. Once you’ve brought the legal system into the equation, any attempt on their part to extort the funds, such as filing a negative credit report will be looked poorly upon should you pursue them.

Chances are they’re mostly bluff and bluster which works often enough for them to attempt it, but to actually sue you for it would cost them more than they’ll recover, not to mention judgements aren’t worth squat in this state and are neigh on impossible to collect on.
If you are not going with a lawyer because you are willing to just show up in small claims court, then I would send them a certified letter asking for an itemized accounting of all damages that they are claiming over and above the damages done by their maintenance crew, and how water on a countertop constitutes damage beyond normal wear.
You’re likely going to end up hiring a lawyer, so I’d do that before writing any letter. Sending your own letter is the equivalent of giving a statement to police after you shoot someone, you may be perfectly innocent, but you don’t know the issues and you don’t know what you should or shouldn’t say.

Since it is a contract dispute over real property you might be stuck in court in their jurisdiction, that should be an easy question when you interview a couple lawyers.

I will be going with lawyer if they don't drop if for no other reason than how out classed I would be if I don't. They are a multi-complex apartment company. I know nothing about the applicable law and how to navigate it effectively or what strategy will work best. My knowledge ends at the basics of "I cant start suing them because I do not yet have damages to seek". Once they go after me though it seems I can counter sue the the specific complex...probably.

I'm also fairly certain I heard the office staff hating on black people all the time. Maybe my lawyer will know some people who know some people that can organize a peaceful protest.

In most states it sounds like maintaining sealant of surfaces like floor and countertops is the landlord responsibility. Since they never sealed their ChiCom granite, this rest of them regardless of who put h20 on a countertop.
 
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Different types of (cheap) granite are more absorbent than others; some require a sealer prior to being put into use. If the landlord/builder failed to properly do that, how can you be held responsible for damage due to "normal" use? Those are questions I would ask.
 
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Different types of (cheap) granite are more absorbent than others; some require a sealer prior to being put into use. If the landlord/builder failed to properly do that, how can you be held responsible for damage due to "normal" use? Those are questions I would ask.

this is just predatory business practices so corporate can recoup Covid losses. They ain’t getting a dime. Just bought a house and can’t imagine refinancing At a lower rate. So worst case scenario I take a 100 point hit on my credit and still 700+ Which is good standing
 
this is just predatory business practices so corporate can recoup Covid losses.
You're exactly right. Landlord cut corners when purchasing the granite countertops. Bought cheap granite; failed to properly seal. Trying to pay for his shortsighted decision by strong arming a (former) tenant. Water "should" not cause damage in normal use of a countertop - whether by the tenant or the landlords maintenance crew. The fact that it did points to the landlords use of an inferior building product. They're trying to pay for their mistake/poor judgement by strong arming you to pay for the replacement. Me, I'd tell them to pound sand/Cease and Desist all actions against me. Failure by them to do so would then prompt me to take legal recourse. If it were me.

Or have a good attorney right the above in a letter to them. That would be money well spent.
 
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[QUOTE="... Emotional distress of your pregnant wife isn't going to matter. ....[/QUOTE]

But her feelings is hurt. real hurt. real bad. she has a booboo on her soul. and feels discriminated against as a woman.
 
Now that all the "armchair people" have spoken...... Without move in/ move out inspections you're screwed. If you just left the apt it's considered abandonment and that puts YOU behind the 8 ball. Documentation is the name of the game and you can bet your ass they have photos and you have squat.
You think its just a credit score issue?? WRONG... They can turn a judgement into a garnishment with the stroke of a pen and you'll start seeing the deductions in your paycheck. There are sooooo many ways they can collect their money with a good, qualified, capable attorney. You said they manage multiple properties, this ain't their first rodeo, but it seems to be it IS your first....
Instead of getting your back up and out of joint you should approach them in a calm manner (assuming you haven't already burned that bridge) and try to come to an agreement that suits both parties. Otherwise they wind up the attorney and them your paying not only the actual damages but now there are attorney fees to consider.....
 
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