Legal question

[Wolf359]

How would they know if the ex-tenant or their crazy girlfriend or mother or whoever doesn't have a duplicate key? Most places would have a policy to re-key the locks anytime someone moves out. The landlord would be failing to take ordinary precautions for the new tenant's safety if someone could easily enter the apartment with an old duplicate key.
That cost doesn't result from the tenant neglecting to do something, so they can't charge him for it.

All that depends on the laws of the state. We can charge for keys in our state. So I always ask the tenants if they would like new locks and the cost of putting in new locks. Most of the time they decline but sometimes they want to pay so we make them pay for it.

For my units, I use Defiant locksets which is Home Depot's in house brand. Can't really rekey them. One employee said "Defiant? You mind as well leave your doors open.". But I like them because they're cheap. Another landlord likes them because they're easy to drill out although I haven't had to do that yet.

 

[oberah]

I would suggest, contact a few people who have moved from there and get some details. Then contact a local lawyer as well as the local new channel. Especially in this day and age, ripoff by landlords/companies will be terrible optics.

 

[SevenBizzos]

If you have documentation of that event, that will help. I'd say if they are sending you a bill, make them file in court to get that money. I doubt they will.

Always, always, always do a move in walk through and a move out walk through with someone. That way everyone is clear about what needs fixed. I'd also check the lease out about the lock box. Something like that would be in there if they are charging you.

 

[JayhawkRoy]

From NC General Statutes, chapter 42:
§ 42-10. Tenant not liable for accidental damage. A tenant for life, or years, or for a less term, shall not be liable for damage occurring on the demised premises accidentally, and notwithstanding reasonable diligence on his part, unless he so contract. (1868-9, c. 156, s. 10; Code, s. 1751; Rev., s. 1991; C.S., s. 2350.)

If the rug damage was indeed accidental, as you outline above, the this part of chapter 42 exempts you from being billed.

 

[incognito_2u]

My question is not to get the 32 dollars. I'm wondering how to stop the practice. Is it a crime? Fraud....Theft
Should I call legal aid?

Non Criminal case.......Civil tort. Small Claims court for mediation and resolution.

 

[wsteveg]

Non Criminal case.......Civil tort. Small Claims court for mediation and resolution.

Sad.
Seems like a small RICO case.

 

[wsteveg]

All that depends on the laws of the state. We can charge for keys in our state. So I always ask the tenants if they would like new locks and the cost of putting in new locks. Most of the time they decline but sometimes they want to pay so we make them pay for it.

For my units, I use Defiant locksets which is Home Depot's in house brand. Can't really rekey them. One employee said "Defiant? You mind as well leave your doors open.". But I like them because they're cheap. Another landlord likes them because they're easy to drill out although I haven't had to do that yet.

Can you charge and not do it?

 

[doitmyself]

College towns often have non-profit "Renter Resource Centers" that focus on students (and others!) getting screwed by landlords. They are staffed by pro-bono lawyers, paralegals, and volunteers. I know, I worked for one while in college.

Certainly a bigger problem in Ann Arbor vs. East Lansing, correct? LOL.

 

[M56959]

Some good suggestions above, however BITOG is not setup to dispense legal or medical advice.

Good luck.

 

[Hall]

I wrote them on Wed night and have not received a reply.

Call them on Tuesday and refer to the email you sent so you don't have to re-hash everything. Document who you speak to as well. Do NOT admit anything or acknowledge that you are considering paying or not paying.

 

[incognito_2u]

Sad.
Seems like a small RICO case.

OK.....Good luck with that!

 

[ABN_CBT_ENGR]

I moved out of a 400 unit high turnover apartment next to the college. Private condos but managed by a management co.

Got a bill for 430.... After them keeping my security deposit. Looks like a car dealer bill- shop supplies 59 dollars. Undercoat 399
700 "replace carpet" (They put in wood.) Is that allowed?

I reminded via email them of a flood from the unit above that sat soaking for the 2 weeks it took to find and fix.
That the carpet (and paint) should have been charged to the unit above. That they actually owed me money with that added back in.
They charged a guy across the hall the same after 4 years (normal wear and tear?)
What really got me mad was $32 to change the locks on the mail box (I gave back the key)
I know they didn't do it. I shared the box with my neighbor and he told me his old key works

What can I do to stop this fraud. Times 400 32 adds up.

Thanks

Speaking as one who has some rentals, your account has some glaring holes in it (omissions mainly- be they deliberate or otherwise regardless of reason or intent)

Depending on those answers will greatly influence what you may need to do to protect yourself or decide to drop it or seek state specific professional advice and proceed accordingly.

Without a copy of the lease proper to review, your history there and verification your moving out was within the terms of the lease- I am assuming you are in compliance.

With that being the assumption, the first concern is them keeping your 'security deposit". A SD is for damage above and beyond "normal wear and tear" ( a debatable subject in its own right). That is a disputable item and a case all to its own yet you don't seem to dispute it so that leads me to believe that you have caused some damage or at least acknowledge you have gone above normal "wear and tear".

That needs to be addressed because if you "did" then you can be accountable for further damages. ( which may apply to these 'additional" things you say you are being billed for)

That's important because voluntarily surrendering the security deposit "could be construed" as an admission or acknowledgement of guilt or just responsibility for further damage. ( an "implied" guilt or responsibility I agree but carries weight)

You also don't state ( and not trying to get into your personal situation or business) the landlords "reason" for billing you. ( different from the itemized list- talking specifically something like 'Due to the damage caused by you on such and such a date against my carpet...........")

That's also important because if you PAY an unsolicited bill without challenge, that too can be viewed as "implied" admission of guilt and responsibility for an alleged act.

If your account here is true and accurate, you need to address this in detail documented and seek counsel in the state involved. It may be nothing but its starting to sound like 'something". (potentially)

 

[el Nuke]

Speaking as one who has some rentals, your account has some glaring holes in it (omissions mainly- be they deliberate or otherwise regardless of reason or intent)

Depending on those answers will greatly influence what you may need to do to protect yourself or decide to drop it or seek state specific professional advice and proceed accordingly.

Without a copy of the lease proper to review, your history there and verification your moving out was within the terms of the lease- I am assuming you are in compliance.

With that being the assumption, the first concern is them keeping your 'security deposit". A SD is for damage above and beyond "normal wear and tear" ( a debatable subject in its own right). That is a disputable item and a case all to its own yet you don't seem to dispute it so that leads me to believe that you have caused some damage or at least acknowledge you have gone above normal "wear and tear".

That needs to be addressed because if you "did" then you can be accountable for further damages. ( which may apply to these 'additional" things you say you are being billed for)

That's important because voluntarily surrendering the security deposit "could be construed" as an admission or acknowledgement of guilt or just responsibility for further damage. ( an "implied" guilt or responsibility I agree but carries weight)

You also don't state ( and not trying to get into your personal situation or business) the landlords "reason" for billing you. ( different from the itemized list- talking specifically something like 'Due to the damage caused by you on such and such a date against my carpet...........")

That's also important because if you PAY an unsolicited bill without challenge, that too can be viewed as "implied" admission of guilt and responsibility for an alleged act.

If your account here is true and accurate, you need to address this in detail documented and seek counsel in the state involved. It may be nothing but its starting to sound like 'something". (potentially)

Please refrain from using logic and reason when responding to BITOG threads. It only serves to antagonize the OPs and could lead to unnecessary aggravation resulting from having to clean out a PM inbox full of belligerent, ranting messages replete with paranoia and delusions of grandeur.

 

[Wolf359]

Can you charge and not do it?

That has never occurred to me. Sometimes I just change them because I kicked them out and don't want them coming back. Otherwise if they pay for them to be changed, I always change them. It's good to have them changed out too, I've noticed that if they're heavily used, like there's 5-6 people in the apartment, they tend to wear out after 3-5 years of use. I guess if I used better locks, they'd last much longer, but typically tenants tend to move out after 2-4 years so they don't end up going too long before they get changed out for one reason or another.