consumer protection lawyer needed in triangle area, NC

<div class='quotetop'>QUOTE(galaxee @ Apr 18 2007, 03:57 PM) [snapback]425631[/snapback]</div>

Better yet take them to Small Claims Court. You can file and serve them in one day and judges quite often side with consumers especially with the law and the facts on their side. Which it sounds like you do have. BTW if they allowed you to breach the agreement did you get it in written form or do you have any overt acts by them that indicate they were letting you off the hook? Document these but don't bother with the lawyer IMHO he'll just cost you money and delay the return of your deposit. Keep in mind . . .

1) NC law requires that the landlord notify the tenant of the location where their deposit is being held, supposedly this makes it easier for the tenant to get their deposit back.

2) The law also lets them recover the costs of re-renting the apt. , if you breach the rental agreement. So written communications’ and overt acts that indicate they are waving the agreement are important for you to note and document. Overt acts could be verbal communications to that effect or the lack of verbal communications notifying you that the costs will be applied. Usually just the cost of the Ad and some other minor necessary things, you might not want to argue over, since your intent is to get sympathy from the judge. You can do this by pointing out that as business people going about the business of renting/leasing apt's they should know the law, they should have notified you of the location of the deposit as required by law, they either agreed to let you out of the rental agreement or their overt acts shows agreement to let you off. The judge will view with suspicion their attempt, 30 days later, to charge you for damages or expenses for re-renting the apt and probably consider this as a putative action on their part.

3. The law also lets you recover the costs of the lawsuit such as lost time at work, travel, filing, copying and other’s, keep note of these, Judges are impressed by people that are efficient and don’t waste their time, have all this information in spreadsheet form and all tallied up. Yes, you can get lawyer costs but you will find it very difficult to get a lawyer to handle this type of case, unless you already know one and lawyers will just delay everything anyway.

4. Don’t forget to point out to the judge that they knew you were having a difficult time financially and that the delay caused you financial damages, if they actually did, such as extra interest charges and fines for delayed payments on bills etc.

5. Punitive damages are hard to collect in a contract action but some days you just get lucky, you never know. Ask for them all that can happen is that the court says no. . . :angry:

You can pick up a book about Small Claims Court in the local book store that can help. In addition ask the Clerk where you pick up the papers to file your claim if their is and organization around that helps people file Small Claim actions, it will usually be a nearby law school or sometimes a law firm gets paid to do these services.

Wildkow

p.s. I wish you luck and I hope you stick it too them like this rather dashing avatar is . . . [attachmentid=7540]

 

<div class='quotetop'>QUOTE(galaxee @ Apr 18 2007, 05:57 PM) [snapback]425631[/snapback]</div>

I feel your pain! rental management companies are extremely corrupt, and it looks like it's not just So. CA! my deal was at a place that charged $100 deposit on move in, never did a pre- or post- walkthrough, and claimed that we damaged ridiculous things like blinds and holes in the walls. We did leave it pretty dirty, and would have been more than willing to pay a cleaning fee, but they wanted to charge us $800 on top of our $100 deposit and the only things listed on the bill were 1. replace carpet 2. new blinds 3. paint walls 4. cleaning fee. we lucked out 'cause they mailed the notice 29 days after we moved out, and CA has a 28 day wait period for the itemized deposit deduction. "Whew"!!

I hope you find a way to stick it to them! The lady we dealt with tried everything she could short of taking us to court to get us to pay. We just wrote them a letter explaining how lame they were and that they missed the 28 day cutoff. Even then she said the judge would just side with the management company in this case, and that 24 hours wouldn't really matter in court. You know, laws don't really count if you just barely break them.

Good Luck!!!

 

Sorry to hear about your problems. Small claims is your best bet (assuming you are still in the same area). Here in Hawaii rental security deposits must be handled in small claims. If the landlord wrongfully or willfully withholds the deposit the tenant is entitled to up to triple damages. Get a copy of the landlord/tenant code for your area and read it over. When you gave back the key didn't you do a walk-through and have the agent sign off? Also if they didn't send you anything in writing about the "damages" within the 30 day window I don't think they can ask for them now. I've been to court several times as a landlord and the judges I've had bend over backwards to help the tenant (and I'm a good guy). They are even more strict with professional agents since they should know better. If the agent falls back on saying you broke the lease without their permission they should have been sending you notices that your rent was late. Good luck.

 

Is there a deadline by which the landlord or agent must return my security deposit?

Within 30 days after the termination of your tenancy, the landlord (or agent) must either send or deliver to you a full refund of your deposit, or, if the deposit is not to be refunded in full, itemize in writing any allowable deductions. So, it is important for you to give the landlord (or his agent) your forwarding address. If the landlord or agent cannot locate you, he must hold in his trust account for at least six months any amount of your security deposit remaining after the proper damages have been deducted. If the landlord (or agent) fails to refund your deposit, you can sue for recovery of your deposit and reasonable attorney fees.
http://www.ncrec.state.nc.us/publications-...ins/tenant.html


The North Carolina Attorney General's Office and the North Carolina Real Estate Commission may not coordinate any actions against the rental company in any timely manner to your liking.

Dropping one of these on the rental company's desk may also help scare the bejesus out of them and get you your deposit back quicker.
http://www.ncrec.state.nc.us/forms/rec401.pdf

If it's been 38 days and they didn't abide by the letter of the law, you have a very strong case. After all, THEY are the experts.
If the rental company considered your case contentious from the beginning, you could just about guarantee you would have received registered mail before the 30th day. Small Claims Court would feel the same way.

Hit them quickly with this stuff and I bet they will gladly give you your deposit back just to make you go (further) away.

 

<div class='quotetop'>QUOTE(efusco @ Apr 18 2007, 08:39 PM) [snapback]425786[/snapback]</div>

Sh*t Happens!

 

Sorry to hear about your troubles... Not sure I would go with small claims court first but that is certainly an option (they will probably have a lawyer and it may cost you money and time to get to the end). You might want to consider contacting the ABC 11 Troubleshooter - they often get results (don't want their dirty laundry aired). The web link is:

http://abclocal.go.com/wtvd/index?section=...&id=3250140

Good luck....

Mike

 

In most cases were I have rented, when time to move out you both (landlord ,prop,mngr) and yourself do a final walk through, just like buying a house before you move in. It is done on the way out to protect you and them (prop.manger). then note any damage and normal wear and tear .
good luck

 

Fact: when you push them on this, especially through the courts, they will simply hold you to your lease contract.

The only way out of that is if you have a written agreement from the property management that releases you from your lease. Then, they will simply hold you to the terms of that particular agreement.

If they let you out of your lease without anything in writing, their stand in court will be that you are obligated to the terms of the original lease you signed.

 

I agree with what Kow said.

The risk is that they could request it be bumped up to District Court, where both sides need a lawyer. But if you have good evidence that they agreed to let you out of your lease, then I think your case is so solid they'd be foolish to do so.

Good luck.

 

<div class='quotetop'>QUOTE(galaxee @ Apr 18 2007, 05:57 PM) [snapback]425631[/snapback]</div>

I think what is needed here is more tolerance. I'm sure some lady is working her tail off behind the desk and just got a little behind on the paperwork. She's trying to earn enough to feed her 3 kids working two jobs and now you're going to lash out like this with her? Isn't there any compassion for her situation, or is it all about you and your money?

Tolerance is the key, just humm that word over and over 300 or 400 times, I'm sure that will fix this situation too. Everyone can just 'get along'. Maybe you have bad intelligence here and you wouldn't want to go in to this situation based on bad intelligence to later find out you're stuck in a legal quagmire.

Just let this keep going on for 30 or 60 more days and I'm sure nothing bad will happen, everything will just start to get better on it's own if you just do nothing.

 

Hope ya get paid out too, and soon.

 

Well now that Galaxee has her check . . .


Daron that was Funnnnnnny!! hehe.

Efusco, according to the rules and your use of the 'D' word you will have to ban yourself from the site for a period of 7 days. In adddition, there is a two day penalty for misspelling the word Doofus. Where are the Spelling Nazi's when you need them? [attachmentid=7553] Have a nice vacation! :lol:

Wildkow