Landlord dispute, what to do?

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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.....

It was their policy under Covid not to do walk through inspection. Reaching out to lawyers today.
 
It was their policy under Covid not to do walk through inspection. Reaching out to lawyers today.

It was within your rights to "demand" an inspection while you stood outside the unit. Your failure will come back to haunt you. Good luck with an attorney, make sure to take your checkbook, they usually want money up front on cases they know they can't win.....
 
No left during height of pandemic...another thing that works i my favor I would assume...

You're in a tight spot then. Without a walk through it becomes largely a he said she said case. With no walk through, the court isnt gonna care about Covid19 or not unless there was some specific written accommodation between parties.

Between you and this management company, the party with the better documentation (emails, pictures, texts etc) will likely win.

Let go of the emotional stress claim, and stick with the facts of the case that represent your defense and terms of the contract you signed combined with NC law.

Your credit and a judgment against you is at stake. $3500 is a chunk of change, and the cards are not in your favor. You need an attorney if you HOPE to win this case and that's an IF. Small claims attorney arnt too bad on there fees and are worth getting off CCF and start making some calls. A sincere good luck to you! -Jim
 
It was within your rights to "demand" an inspection while you stood outside the unit. Your failure will come back to haunt you. Good luck with an attorney, make sure to take your checkbook, they usually want money up front on cases they know they can't win.....

You a lawyer? I will hire you.


Or you just arm chair lawyering?
 
It was within your rights to "demand" an inspection while you stood outside the unit. Your failure will come back to haunt you. Good luck with an attorney, make sure to take your checkbook, they usually want money up front on cases they know they can't win.....
Yep! Right about both the post walk through being a tenant right, and if going to court and losing being on the hook for the plaintiffs attorney fees
 
You a lawyer? I will hire you.


Or you just arm chair lawyering?

I've been a landlord/property owner for 13 years, and he has the most realistic view on the case of anyone who has posted here. And was the only other person (all be it 2nd ) to mention a walkthrough which is the biggest key in you're entire case IMO
 
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It was their policy under Covid not to do walk through inspection. Reaching out to lawyers today.
It was within your rights to "demand" an inspection while you stood outside the unit. Your failure will come back to haunt you. Good luck with an attorney, make sure to take your checkbook, they usually want money up front on cases they know they can't win.....
You're in a tight spot then. Without a walk through it becomes largely a he said she said case. With no walk through, the court isnt gonna care about Covid19 or not unless there was some specific written accommodation between parties.

Between you and this management company, the party with the better documentation (emails, pictures, texts etc) will likely win.

Let go of the emotional stress claim, and stick with the facts of the case that represent your defense and terms of the contract you signed combined with NC law.

Your credit and a judgment against you is at stake. $3500 is a chunk of change, and the cards are not in your favor. You need an attorney if you HOPE to win this case and that's an IF. Small claims attorney arnt too bad on there fees and are worth getting off CCF and start making some calls. A sincere good luck to you! -Jim
Granite countertops should NOT stain thru normal use (water). If they have, the tenant is not at fault. Landlords selection of cheap granite is. I wouldn't pay sh** other than an hour of an attorneys time. Cheap chinese granite is known to have staining issues.

41 years in the construction industry - if you need my resume. :rolleyes:
 
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@Bailey Boat is correct. If there was no exit inspection for both parties to sign off on, it doesn't look good for you.
 
currently supervise the management of over 52,000 units
Having managed exactly 1 I would rather eat a bullet than do your job.

@Sigequinox220 be prepared for them to simply say that they have no idea why the countertops are stained, just that they are. You keep saying that it’s water, but they’ll say that water doesn’t stain granite so it must be something else. You also need to determine if you didn’t ask for an exit inspection or if they refused to do it, it may matter. Point is, lawyer.
 
35 years of experience being in the multi family housing industry, currently supervise the management of over 52,000 units.... but not an attorney..
You work for company that rhymes with “pony”?
 
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Well not shocking from that area but I think lawyer is a good idea it would help if had pictures of their crews towels
 
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I’d take up SCshooter57’s recommendation and get a estimate or two for the replacement or repair of the countertop. Once I had a number I would approach the owner and try to reach a compromise even if the settlement is the whole $3500. If there ever was a next time I would talk to an insurance agent, I would think a premium payment would be cheaper than a garnishment. Life’s lesson are usually hard lessons, good luck.
 
They can turn a judgement into a garnishment with the stroke of a pen and you'll start seeing the deductions in your paycheck.
Well, this "armchair person" has had a fair bit of experience and learning about collecting on a delinquent in NC having gone after someone who declared bankruptcy after what my lawyer called textbook embezzlement only to have the cops say "sorry, there's a contract involved so it's a civil matter" and, NO, North Carolina does NOT permit wage garnishment in this circumstance. It is only permitted in a few explicitly defined instances and this isn't one of them: https://www.nolo.com/legal-encyclopedia/north-carolina-wage-garnishment-law.html

There are sooooo many ways they can collect their money with a good, qualified, capable attorney.
North Carolina is one of the MOST debtor friendly states in the nation. If you reach the point where they have a judgement against you, they can then (pay) the sheriff to "execute the judgment", which also requires them to provide advance notice (I believe 10 days) that they intend to investigate what assets you have (and remove from premises) as well as you're right to declare exemptions. https://www.wardandsmith.com/articles/collecting-judgment-north-carolina As I said above, chances are it will cost them more to get to this point than they would stand to collect, likely by an order of magnitude.
 
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Well not shocking from that area but I think lawyer is a good idea it would help if had pictures of their crews towels
Wife is going to look thru her phone....

Either way, if we had to throw that out entirely, cup rings from the condensation of a glass would be reasonably expected Normal wear for untreated Sludge -grade granite. Though the alleged rings are no longer visible since its entire surface. Basically the only reason they can tell, is because of the color where our toaster was.

these idiots could literally wet that spot and entire counter would be uniform lol. It’s that dumb. I have granite at the new house and not single stain after leaving sponges on it etc.
 
The responsibility for that is on landlord. Couldn’t find NC yet, but for about 5 other states I found sealing cabinets, Countertops, floors etc is property manager/landlord.
That's one of the reasons to hire an attorney; they are aware of certain standards and how to phrase them. For example, when we had a dispute with the second builder they tried claiming that because the contract was cost-plus that we owed them to fix their mistake on something and our attorney quickly set the record straight about how that is not true because of legal doctrine of implied warranty that their work is correct.
 
Well, this "armchair person" has had a fair bit of experience and learning about collecting on a delinquent in NC having gone after someone who declared bankruptcy after what my lawyer called textbook embezzlement only to have the cops say "sorry, there's a contract involved so it's a civil matter" and, NO, North Carolina does NOT permit wage garnishment in this circumstance. It is only permitted in a few explicitly defined instances and this isn't one of them: https://www.nolo.com/legal-encyclopedia/north-carolina-wage-garnishment-law.html


North Carolina is one of the MOST debtor friendly states in the nation. If you reach the point where they have a judgement against you, they can then (pay) the sheriff to "execute the judgment", which also requires them to provide advance notice (I believe 10 days) that they intend to investigate what assets you have (and remove from premises) as well as you're right to declare exemptions. https://www.wardandsmith.com/articles/collecting-judgment-north-carolina As I said above, chances are it will cost them more to get to this point than they would stand to collect, likely by an order of magnitude.
Thanks for liNk.

Im definitely going to make this headache and expensive for them. They know 100% they are conducting sleazy practices. We did nothing wrong. Their property managers crew did may not have done anything wrong. Whoever did not seal that counter is the responsible party.
 
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Just spoke with someone there. My wife got some interesting intel from employee that knows they are trying to hose us.
 
The responsibility for that is on landlord. Couldn’t find NC yet, but for about 5 other states I found sealing cabinets, Countertops, floors etc is property manager/landlord.
Yes it is landlord but I’m saying for guaranteed protection I’d do it myself lol
 
Having managed exactly 1 I would rather eat a bullet than do your job.

And there are days when that thought crosses my mind also!! After so many years its sort of become "normal" so I try not to get upset and that keeps my mouth a little cleaner....
 
Just spoke with someone there. My wife got some interesting intel from employee that knows they are trying to hose us.

Final question from me, was the counter top damage listed on your MOVE IN inspection form?? Unless it was you might want some fresh Vaseline and a new pair of knee pads....

And no to the question of my employer, I've been self employed for the past 24 years....
 
Final question from me, was the counter top damage listed on your MOVE IN inspection form?? Unless it was you might want some fresh Vaseline and a new pair of knee pads....

And no to the question of my employer, I've been self employed for the past 24 years....

If they did not conduct a move out inspection based on their own COVID policy, it doesn’t seem reasonable to hold a former tenant liable for any damages. What would stop a vindictive landlord from busting holes in the walls and blaming them on the former tenant?

@Sigequinox220 how long after you left did they request damages? Most states have a 30 day from vacancy rule. Not sure about NC.

Tell me more about the COVID/no walkthrough thing. Did they tell you on the phone/in writing that no walkthrough would be performed? What details did they give regarding an inspection? The walkthrough gives you a chance to dispute damages (which didn’t occur). Does NC require one by law?
 
35 years of experience being in the multi family housing industry, currently supervise the management of over 52,000 units.... but not an attorney..
Hope youre not a scumbag who takes advantage of people like these snakes. Its part of the business. If you buy the cheapest piece of crap available, normal wear is exacerbated. the granite CT in my house is just fine. IN fact soaking wet sponge on it right now. zero blemishes.

The parallel to liberals is that industry is startling, at least for the unscrupulous among them. Do something you know is stupid, goes wrong as any reasonable person would expect. Then female dog while blaming others for poor business choices. Either that or they're running a scam. This is first year they are rolling out granite countertops from what I remember. Looks like a nice scheme if they can pick up garbage guaranteed to fail, then charge people price for real granite on way out.
 
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Did they send you the required itemized list of damages? If so post it.
negative. and not mentioning it. they are 2-3 days away from exceeding their legal obligation to do so. which will be yet another of their policy violations.
 
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Hope youre not a scumbag who takes advantage of people like these snakes. Its part of the business. If you buy the cheapest piece of crap available, normal wear is exacerbated.
When we moved to NC, we stayed in an apartment for about 9 months while we built our house. One of the tenant cleaning items they spelled out was caulking around the bathtub not being moldy. Over the time period we were there, it started turning dark. So, I started peeling the first layer, only to discover another layer, and another, and another, and another, I think I stopped when I got about 7 or 8 layers down in this one section. I took a picture of it and I don't recall how exactly I documented it but along with the picture put a note that basically said "I have removed 8 layers of moldy caulk and there is still more . This is not a cleanliness issue, but a building maintenance one." Never heard a word about it after moving out. Know that they would get charged, every previous occupant was just putting fresh caulk down to cover up the mold.
 
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.

An attorney may be cheaper, if it's able to be worked out that they pay the legal and court fees that came about because of the lawsuit.

I ain't no ambulance chaser, so I don't know enough about this to understand how, or if, that can be accomplished. But seems to me like it can be done.

And even if not, it may be worth your time and money to take it to court anyway in order to address any actions the complex may attempt legally down the road. They CAN, and will, levy charges against you for expenses they deem justified for whatever reason...and you may end up with expenses either fighting or paying as a result.

With respect to ANY time you move in or out of an apartment or other living quarters (like military housing), people need to be absolutely relentless on documenting every little thing. Because you can rest assured THEY will when you move out.

If it's chipped, stained, leaking, cracked, discolored, any odor, needs painting, been overpainted, dirty, not 100% functional, etc., write it down. Feel free to take pictures...because one advantage of modern cameras is the ability to take literally THOUSANDS of pictures at a tiny fraction of a percent of what it used to cost to take film pictures and have them developed. And make copies.

If the apartment complex fixes things, great. If not, it's documented.
 
If they haven't sued you yet, they are just blowing smoke. What's important is what the depreciation schedule is for granite counter tops, and how old the tops now are. I'll bet a 100 spot they never file a suit. And another Ben that every counter in the complex looks the same way

They will hold your deposit, and pray you don't sue them.
 
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Interesting thread...but ‘ol Sig won’t be back around to see it.
 
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