Unfair treatment by Apartment Management (apartment complex, rental, lawyers) - Charlotte - North Carolina (NC) - City-Data Forum

RSmacks · 09-01-2013, 03:57 PM

I have been falsely accused by both the manager and the asst manager at my apartment complex of having bounced "several" rent checks. They say they have information in my personal file showing "several" bounced checks in the past but they refuse to show it to me or tell me what dates their records indicate. They are requiring me to pay my rent by money order or certified funds. I have lived here over 4 years and have never bounced a rent check written to them. I lease two garage units that I pay from a separate account and did have a check returned in July due to a banking error. I feel this is a personal vendetta against me. I complained several times regarding amenities in the complex and had a conflict with the new manager over that. I have tried to get in touch with the management company but after two messages left on the companies web site I have heard nothing.

karen_in_nh_2012 · 09-01-2013, 04:08 PM

You should be able to get records from your bank showing that you did not bounce any checks for your rent (except for the one for the garage, once) ... have you tried doing that?

If you really think it's a "personal vendetta" then maybe you should move?

vmaxnc · 09-01-2013, 04:33 PM

If they can't produce proof of bounced checks, they have no case.

charlygal · 09-01-2013, 04:43 PM

Contact your bank to get your check records.

In any case, an apartment can change their rent policy and require payment in a certain form. Having to get a money order or certified check is not considered a hardship and isn't all that unusual. I just put down a deposit on a place and they required certified funds.

I don't think there really is a "case" to fight.

crestliner · 09-01-2013, 05:24 PM

If you ever wonder why the lease agreement contracts are so long and complicated this is one of the reasons. The rental agents have lawyers who have covered all of the bases and this pretty much means they can do anything they want and you have very little legal recourse. To prove this the next time you sign a rental /lease try to get them to add something to it that you want and see how fast they refuse. They want to hold all of the cards. You can always complain to the better business bureau but it wont change a thing.

spankys bbq · 09-02-2013, 11:02 PM

We have huge leases because we have to protect ourselves from people who want to scream discrimination or this or that at the drop of a hat. The lease also protects the tenant and is within the law. Its not some grand tool to screw renters. We have Landlord-Tenant Law to screw us, the landlords. And a couple of the Meck Co magistrates like to help too.

As for holding all of the cards, not hardly.

DipDog3 · 09-03-2013, 10:49 AM

Quote:

Originally Posted by RSmacks

They say they have information in my personal file showing "several" bounced checks in the past but they refuse to show it to me or tell me what dates their records indicate. They are requiring me to pay my rent by money order or certified funds.

I lease two garage units that I pay from a separate account and did have a check returned in July due to a banking error. I feel this is a personal vendetta against me.

I have tried to get in touch with the management company but after two messages left on the companies web site I have heard nothing.

You say you can't get in touch with them, but they refuse to show you "your file"?
You left two messages on their website? Did you try calling them or going to the office?

They probably have hundreds of tenants and don't even know who you are much less have time to have a personal vendetta against you.

As you stated, you haven't been paying your bills on time and now that someone is holding you accountable for your actions, you lash out against them thinking they are out to get you.

crestliner · 09-03-2013, 10:57 AM

Quote:

Originally Posted by spankys bbq

We have huge leases because we have to protect ourselves from people who want to scream discrimination or this or that at the drop of a hat. The lease also protects the tenant and is within the law. Its not some grand tool to screw renters. We have Landlord-Tenant Law to screw us, the landlords. And a couple of the Meck Co magistrates like to help too.

As for holding all of the cards, not hardly.

The contracts are long to "protect ourselves" = give us 100% control and have it our way 100% of the time,fair or not. I learned this when my son was evicted from an apartment and still held legally accountable for the rest of the lease money even though he had to move out. He was assaulted and defended himself yet he got evicted and the person who caused it did not AND NOTHING COULD BE DONE BECAUSE OF THE LEASE... this is my own experience on how unfair but still within the law that rental companies can be.

spankys bbq · 09-03-2013, 12:02 PM

Your experience is rare and should not be used to paint with such a broad brush. Perhaps you only know half of the story. Maybe you know the whole story. But landlords don't just toss people with no good reason. A breach of lease is still a breach. Its not about 100% control at all. If you read a lease for a large multifamily complex, you will see the landlords' obligations in it. What you don't see are the dozens, or more, laws that protect tenants and are often abused by shady tenants who can game the system. Sit down and read Landlord-Tennlant Law and tell me it isn't in favor of the tenant. When you've got millions of dollars on the line, you can bet your ass you'd do everything you could to protect your investment.

I bet you think we are all rich beyond belief and drive Bentleys and live in huge houses too.

RadicalDudette · 09-03-2013, 02:22 PM

Quote:

Originally Posted by RSmacks

I have been falsely accused by both the manager and the asst manager at my apartment complex of having bounced "several" rent checks. They say they have information in my personal file showing "several" bounced checks in the past but they refuse to show it to me or tell me what dates their records indicate. They are requiring me to pay my rent by money order or certified funds. I have lived here over 4 years and have never bounced a rent check written to them. I lease two garage units that I pay from a separate account and did have a check returned in July due to a banking error. I feel this is a personal vendetta against me. I complained several times regarding amenities in the complex and had a conflict with the new manager over that. I have tried to get in touch with the management company but after two messages left on the companies web site I have heard nothing.

Check out around with neighbors about the attitude of the rental managers. Maybe someone in the complex wants you out of there.

I would not worry about what they declare. Just have all the records in a file. So that if they decide to take you to court, you have your evidence. Judges do not like to waste their time with cases with no merit.