Landlord tenant law and court procedures

Landlord tenant law and court procedures

Member since 2019 · 5 posts · 3 votes

Location: Chapel Hill, NC

What kind of court/lawyer would a tenant or landlord go through if unfair practices were taking place?

There are several things going on in my situation where I am actually the tenant:

1. The apartment was uninhabitable during the time of my lease and the complex would not fix the problem(a ton of biting bugs that lived in the walls). I was unsure of who to contact to get help whether legally or otherwise. The apartment is part of a complex and there are two “managers.” One claims she can’t do anything without the other and the other is never in the office.

2. They took a pet fee out of my deposit when I moved out although there was no pet on the premises. They said there was a pet but obviously cannot prove it because there wasn’t one but now I have been charged several hundred dollars in fees for it.

3. I had Active Duty Military orders to PCS from that area to my Duty Station in Pensacola, Florida. I submitted my orders to them 2 months before the date that I was supposed to PCS. I moved out but was still charged for rent until the lease expired. Under SCRA, I should have been relieved of my lease responsibilities.

I’m wondering what options I have. There’s a lot of dishonesty in this business that they are running but I’m not sure who to get legal help from. Would any lawyer be sufficient? Should that be my next step since I’ve exhausted the relationship with the landlord?

Any advice or opinions would be greatly appreciated.

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Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
6y

@Chan Reagan  Most of your rights will be determined by the N.C. Landlord Tenant law.  I recommend you either read it, or at least google North Carolina Landlord Tenant Law, or North Carolina Tenant Rights, or North Carolina Tenant bugs, Tenant lease termination under SCRA, etc.   Read a few of the many relevant articles that describe your rights under the N.C. Landlord Tenant law.

If I was in your position, once you have a fair idea of what the law says, I'd send your landlord a written statement of what you expect him to do, (pay you $XXX for your damages due to bug bites, return all $XXX taken deducted for non-existent pet, return all $XXX taken for early departure, etc.).  Include a date you expect to be repaid (maybe 7 days).  On that date, if they haven't paid in full, file a small claims court case against your landlord, or hire an attorney to sue.

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  • Rental Property Investor · Savannah, GA · Member since 2018 · 174 posts · 129 votes
    6y

    Did your lease have the military clause in it when you signed it?

  • Real Estate Agent · Pensacola, FL · Member since 2014 · 379 posts · 307 votes
    6y

    @Dylan H. I think that SCRA is a federal thing and valid in all 50 states regardless of what is in your lease.  I'm not an expert but as a landlord in FL I've always honored it and believe that you have to.

    @Chan Reagan google landlord/tenant and the county you lived in and I'm pretty sure you will come across some resources that can help, I know that would work in Pensacola.

  • Rental Property Investor · Savannah, GA · Member since 2018 · 174 posts · 129 votes
    6y

    @Matt Jones @Chan Reagan

    If it's not in the lease I believe they technically do not have to honor it (According to a Navy JAG), but I'm not a JAG or attorney so best to consult with one of them. Chan, you have free legal service being in the Navy, you can bring them the problem/lease and they can help you.

  • Member since 2019 · 5 posts · 3 votes
    6y

    @Dylan H. It’s Federal so every landlord must yield to it.

  • Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
    6y

    @Chan Reagan  Most of your rights will be determined by the N.C. Landlord Tenant law.  I recommend you either read it, or at least google North Carolina Landlord Tenant Law, or North Carolina Tenant Rights, or North Carolina Tenant bugs, Tenant lease termination under SCRA, etc.   Read a few of the many relevant articles that describe your rights under the N.C. Landlord Tenant law.

    If I was in your position, once you have a fair idea of what the law says, I'd send your landlord a written statement of what you expect him to do, (pay you $XXX for your damages due to bug bites, return all $XXX taken deducted for non-existent pet, return all $XXX taken for early departure, etc.).  Include a date you expect to be repaid (maybe 7 days).  On that date, if they haven't paid in full, file a small claims court case against your landlord, or hire an attorney to sue.

  • Member since 2019 · 5 posts · 3 votes
    6y

    @Davido Davido

    Thank you for your advice!

  • Rental Property Investor · Olympia, WA · Member since 2012 · 543 posts · 311 votes
    6y

    Chan, the actions you described in your post are not simple mistakes.  The landlord and/or manager knows that most people just complain and go on with their lives.  You might be tempted to do that as well, especially since even a small claims court filing will require you to return for at least the hearing (you may be able to download the forms online and file by mail).   However, my judgement is that you will feel better about it, for the rest of your life, if you go after what is yours.  You would also be doing a service to everyone that comes after you.  The more the landlord gets away with, the worse he'll get with his next tenants.

    Note that many states allow triple (treble) damages for such willful violations of their landlord tenant laws. You could be entitled to be repaid three times what you are owed.  Also, if your not up for filing your own claim, it would still be worth calling the Real Estate lawyers in the area to ask if any will take on the case for a percentage (with no upfront money from you).  You have a clear winner.  Finally, there will be legal aid and housing non-profit organizations in that area that may take the case for you.  If filing your own claim, or finding an attorney who will file without cost to you, don't work out, then at least try your local housing assistance and legal aid groups.  Just google them for your area.   Best wishes

  • Adam SchneiderPro Member
    Lender · Raleigh, NC · Member since 2012 · 955 posts · 639 votes
    6y

    @Chan Reagan NC GS (General Statutes) Chapter 42 is worth a read. You can reach out to the Triangle Apartment Association to get the name of an expert to help you (note that the TAA is for landlords, but they have lots of attorneys who will represent any client). Any legit real estate attorney can start off by writing a letter to the landlord, and can certainly point you in the right direction. Small Claims Court is where most of these arm-wrestling fights for relatively small amounts of money get hammered out if a settlement cannot be reached outside of court. 

  • Member since 2019 · 5 posts · 3 votes
    6y

    @Adam Schneider

    Fantastic. Really appreciate that Adam.

  • Wholesaler · Lenoir, NC · Member since 2013 · 297 posts · 127 votes
    6y
  • Member since 2019 · 15 posts · 5 votes
    6y

    You cannot live in an apartment throughout the term of your lease and then try to make a claim that it was uninhabitable. Obviously that's not the case since you chose to live in it. If it was truly uninhabitable, after going through properly notifying your landlord, your correct course would be to move out, and make a claim that it was uninhabitable. What you're describing is exactly like sitting down and eating a meal at a restaurant and then complaining to the restaurant that the food was no good. It's not going to fly.

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