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Old 10-23-2013, 11:09 AM
 
912 posts, read 4,898,318 times
Reputation: 2043

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Quote:
Originally Posted by Mr Supernatural View Post
No i have not received an itemized list of charges. The landlord verbally told me that his rug and his sofa needed to be cleaned. He also said that the cook top needed to be replaced.
The apartment was left in immaculate condition. I had a cleaning crew come in and paid them $150.00 to clean the place.
The bottom line is I believe that he is p-off because his wife told him that I dissed her! So he is withholding the security deposit because of this.
Yeah, LL is breaking the law.

So long as you have pictures of the state the appartment was in after and before you moved in, and you have receipts of paying for the cleaning crew, this should be pretty easy to get your deposit back.
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Old 10-23-2013, 11:14 AM
 
11,654 posts, read 16,890,072 times
Reputation: 17650
Read the lease, you are looking for a section stating the "Address" of the landlord (may be in the begining on at the signature block) and/or a section referencing "Notices". Under NC law, the address listed as "Landlrod" is the legal address a notice can be served for civil proceedings covered by the Landlord Tenat laws of the state. YOu may find that some other party may be listed such as an Agent, Property manager, or Statutory Agent. If a business name is used by the landlord, the legal address of the business or the listed Statutory Agent is where you serve notice.

Under NC law, if the landlord failed to provide you a notice when you started renting as to where the security depsoit was held, or if they failed to account for the dedcutions at termination, they are barred from keeping any of it.
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Old 10-23-2013, 11:22 AM
 
111 posts, read 129,442 times
Reputation: 90
Quote:
Originally Posted by Rabrrita View Post
Read the lease, you are looking for a section stating the "Address" of the landlord (may be in the begining on at the signature block) and/or a section referencing "Notices". Under NC law, the address listed as "Landlrod" is the legal address a notice can be served for civil proceedings covered by the Landlord Tenat laws of the state. YOu may find that some other party may be listed such as an Agent, Property manager, or Statutory Agent. If a business name is used by the landlord, the legal address of the business or the listed Statutory Agent is where you serve notice.

Under NC law, if the landlord failed to provide you a notice when you started renting as to where the security depsoit was held, or if they failed to account for the dedcutions at termination, they are barred from keeping any of it.
The landlord did not provide me with notice as to where the deposit was being held. He also failed to account for deductions at the termination of the lease.
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Old 10-23-2013, 11:27 AM
 
Location: Tampa (by way of Omaha)
14,254 posts, read 21,139,423 times
Reputation: 9835
Jurisdictional issues are rather complicated but as a general rule of thumb, actions are brought in the venue where the alleged breach or injury took place. As this cause of action occured within the state of North Carolina, related to a property located in North Carolina and thus concerning a lease agreement that would be governed by North Carolina law, North Carolina is in fact the proper venue to bring suit.

The court clerks are wrong. Furthermore, they should not be advising you (except on the most basic of issues) or hindering your right to file the lawsuit. The proper protocol would be to accept the lawsuit as it would be the defendant's responsibility to have the lawsuit removed to the proper venue or dismissed entirely. Go back and attempt to file the suit again. If they refuse to accept it, ask to speak with a supervisor.
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Old 10-23-2013, 12:29 PM
 
111 posts, read 129,442 times
Reputation: 90
Quote:
Originally Posted by Bosco55David View Post
Jurisdictional issues are rather complicated but as a general rule of thumb, actions are brought in the venue where the alleged breach or injury took place. As this cause of action occured within the state of North Carolina, related to a property located in North Carolina and thus concerning a lease agreement that would be governed by North Carolina law, North Carolina is in fact the proper venue to bring suit.

The court clerks are wrong. Furthermore, they should not be advising you (except on the most basic of issues) or hindering your right to file the lawsuit. The proper protocol would be to accept the lawsuit as it would be the defendant's responsibility to have the lawsuit removed to the proper venue or dismissed entirely. Go back and attempt to file the suit again. If they refuse to accept it, ask to speak with a supervisor.
Thanks Bosco, that is my gut feeling on this I am going to the clerks office in NC to have a face to face with them.
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Old 10-23-2013, 12:55 PM
 
12,973 posts, read 14,396,479 times
Reputation: 5458
Quote:
Originally Posted by Mr Supernatural View Post
Thanks Bosco, that is my gut feeling on this I am going to the clerks office in NC to have a face to face with them.
You might also read up on NC small claims procedures. An annoyed guy with money can generally make the procedure painful. I have scars.

You also need the demand letter sent by certified mail to the address in the lease.
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Old 10-23-2013, 03:12 PM
 
111 posts, read 129,442 times
Reputation: 90
Quote:
Originally Posted by lvoc View Post
You might also read up on NC small claims procedures. An annoyed guy with money can generally make the procedure painful. I have scars.

You also need the demand letter sent by certified mail to the address in the lease.
Thanks Ivoc!
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