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J. Warren
J. Warren, Lawyer
Category: Real Estate Law
Satisfied Customers: 2228
Experience:  Experience in residential real estate and commercial leases.
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Once you do a walk thru with the property management reps

Customer Question

Once you do a walk thru with the property management reps and they give you your deposit back can they come back 4 months later and claim there was $8,000 in damages...which is completely false! I thought once you did a walk thru and got your money that was that.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  J. Warren replied 4 months ago.

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Expert:  J. Warren replied 4 months ago.

Sorry to hear about this situation. Can they claim damages after a walk through? Yes they can, however, they have to prove that the damages actually existed. This may be difficult to prove given there was a walk through and no damages were reported at that time. In other words, yes anyone can assert a claim, but this does not mean they (landlord) will ultimately prevail.

An issue here also was there a lawsuit or did they just made a false credit report. If the landlord sued and did not properly serve your children then there can be a petition to set aside the judgment. If the the damages were just report to credit report, then a dispute should be file immediately and in addition hire a lawyer to go after the landlord for making a false report and causing the children damages for harming their credit.

A local attorney in North Carolina should be retained to communicate with the prior landlord and pursue any available remedies.

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.

Customer: replied 4 months ago.
there was a lawsuit that got dismissed because they didn't show up to court and she has the paper for that but the judge did not mark the proper box of without prejudice so they were able to appeal and by then beings my son was in the marines and got out they moved they were never served. They didn't show up to court obviously because they thought it was a done deal and then the judgment went against them. They didn't even know this until a year and 1/2 later.
Expert:  J. Warren replied 4 months ago.

Ok thank you for the additional information. I am very sorry to hear that. The will need a lawyer to get this situation reversed and remedied and the landlord could still be held liable if the damages to they claim were fraudulent. Even though your children may be 100% in the right, it will take some civil procedure to reverse everything and to remedy the situation.

Here is a link to the North Carolina Bar Association Lawyer Referral Service that can assist you with contacting an attorney that can file the appropriate motions to the Court: http://www.ncbar.org/members/lawyer-referral-service/

All my best and encouragement. Thank you for allowing me to help you with your questions. I have done my best to provide information which truthfully addresses your question. Please note: If I tell you simply what you wish to hear, this would be unfair to you. I need to be honest with you and sometimes this means providing information that is not optimal. Negative ratings are reserved for experts who are rude or for erroneous information. Please rate me on the quality of my information; do not punish me for my honesty. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time.

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