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Has anyone ever heard of a law requiring tenants to disclose damage to the LL? He says its in our lease (its not). He says we forfeit the money because we didn't disclose things like the tangled cord. I don't think that's correct.
Has anyone ever heard of a law requiring tenants to disclose damage to the LL? He says its in our lease (its not). He says we forfeit the money because we didn't disclose things like the tangled cord. I don't think that's correct.
If during your tenancy something gets broken and needs to be fixed (whether the breakage/breakdown is your fault or just one of those things) you're required under state landlord law to notify the LL so that he can take care of it whether the expense is to be borne by you or him. A tangled cord is not one of those things. He's the one with the tangled cords. Again, ignore him, block his calls and his email access. If he's really stupid enough to file a claim against you you'll have ample time to respond to the summons.
You have a written settlement agreement from a lawyer, who agreed to settle for deducting $250 from your security deposit, if you agreed to cash the check he sent.
End of story.
If you want to shut him up, send him a letter like this:
Dear Bully Attorney:
I have a written settlement agreement from you, an attorney, offering to withhold $250 from my deposit. In order to accept this settlement offer, you required that I cash the check, which I have done.
If you really want to go to court and explain to the judge, that you, as an attorney, are now harassing me and asking me for more money, and threatening to sue me if I don't give it to you, then I will be happy to see you in court. I will also contact the bar association regarding your conduct.
I expect to hear no further word from you, and I also expect a reference from you in the future as my previous landlord, that states, in truth, that I paid rent on time, and that the tenancy was terminated as agreed.
Most Sincerely,
You
The law is the same law whether you are an attorney or not. He has a lot more to lose here as far as getting in trouble with the bar association, than you do in facing him in court. So, call his bluff, and enjoy it :-)
EDIT: And I agree wholeheartedly with STTR that you don't need an attorney, unless he actually goes through with suing you in civil court. If he's stupid enough to file in civil court, first contact the bar association and send him a copy of the letter you send them. He'll drop it.
Has anyone ever heard of a law requiring tenants to disclose damage to the LL? He says its in our lease (its not). He says we forfeit the money because we didn't disclose things like the tangled cord. I don't think that's correct.
Quote:
Originally Posted by STT Resident
If during your tenancy something gets broken and needs to be fixed (whether the breakage/breakdown is your fault or just one of those things) you're required under state landlord law to notify the LL so that he can take care of it whether the expense is to be borne by you or him. A tangled cord is not one of those things. He's the one with the tangled cords. Again, ignore him, block his calls and his email access. If he's really stupid enough to file a claim against you you'll have ample time to respond to the summons.
My only quibble with this is that every state has different laws and I have yet to see this one written into the law in my state.
I considered contacting the state bar but I'm not sure if he will then retaliate more.
I remain adamant that you should ignore him at this point and block his attempts to contact you. Wait and see if he follows through with a claim against you.
I remain adamant that you should ignore him at this point and block his attempts to contact you. Wait and see if he follows through with a claim against you.
That is the plan right now. Thanks for your input.
Several things did need fixing during our lease through no fault of our own and the LL was alerted at the time.
I considered contacting the state bar but I'm not sure if he will then retaliate more.
Things that needed fixing don't matter anymore. It's over. He settled.
I'd simply threaten to contact the bar. I doubt you will have to actually do it. But, if you do, here's the Grievance Committee of the North Carolina Bar contact info, and the complaint form you would need:
If you complain to the bar, and he bothers you further, complain again. Call the cops and ask them if you can file a complaint about him harassing you. I've done this before with tenants that have harassed me about wanting to move back into the building and kept calling and coming around. The cops called them and told them to knock it off or they could get arrested. He doesn't get a free pass just because he's a lawyer, and as I've said, he can lose his career.
In fact, in the letter I wrote above, insert that you will contact the "Grievance Committee of the North Carolina Bar Association," instead of just the "bar association." It will show that you either looked it up, or got legal advice.
Truly, the worst that can happen is he'll take you to court anyway. But he won't, unless he's a meth addict or something. At any rate, he would lose. He is an attorney who knows the law and negotiated a settlement agreement with you. No judge is going to say he gets a do-over. Call his bluff.
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