Landlord Sent Letter for Charges After 30 Days!!

NCPenguinOctober 4, 2004

The background: I lived in an apt in NC and the lease terminated on June 30. Total term of lease was 2 years and one month.

I was not required to provide a deposit at the time of the initial rental.

The landlord sent a letter dated August 31 to my apartment address (even though I had provided the new, current address) charging me for various things relating to the apartment.

I am disputing all three items. These are:

cleaning stains from the carpets

replacing four drip pans on the range

unpaid rent for washer and dryer for the last month

The only stain that could not be removed was one that was identified very soon after I moved in. It was there at the time I moved in but was not noticed till after the check-in list noting the condition of the apartment had been completed so this stain is not noted there. I've tried cleaning up the stain several times but have had no luck, mostly because I don't know what caused the stain since it wasn't me. The other stains that were cleaned by post-departure were probably scuffs and small stains and certainly not beyond wear and tear (I had no animals or children in the apt).

I'm really annoyed about the drip pans because I actually replaced one myself three to four months before I left (accidentally melted plastic bowl containing rising dough). The range top was cleaned before we returned the keys and after two years usage it doesn't surprise me that three might need replacing through normal wear and tear.

As for the washer and dryer rental, I was informed in writing of the amount of the final rent and assumed that the landlord had included the appliances rental. I have requested (in writing) for a written breakdown of the contents of the final rent paid. I've yet to receive anything.

In the landlord's Terms and Conditions, it is written that the landlord would contact me about charges within 30 days of the end of the tenancy. He did not. The letter received was dated two months after the end of the tenancy.

Also, NC Tenant and Landlord statute also states that the landlord should notify me of charges within the same 30 day period.

My question is: the landlord has mentioned in his letters (two received so far and I've responded with numerous phone calls and two faxes/letters so far) that he will report me to credit bureaux and possibly take legal action to recover the costs.

Should I be concerned? The landlord didn't even stick to his T&C nor NC statute and I have asked for further informaiton about the charges in writing.

What do you think?

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lazy_gardens

If he waited that long ... the lease stated 30 days and the law states 30 days, he can go ahead of the charges.

Just reply to the credit bureau saying "Landlord failed to notify within 30 days, damages are for what would be termed normal wear and tear on a 2-year lease. I have requested (in writing) for a written breakdown of the contents of the final rent paid. I've yet to receive anything."

He's threatening you with the credit bureau because he knows he can't do anything legally. I'd let him knmow that filing a false credit report is illegal.

    Bookmark   October 4, 2004 at 10:45PM
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