Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

My past apt. complex has charged me with "smoking fees" upon…

Customer Question
My past apt. complex...

My past apt. complex has charged me with "smoking fees" upon move out. Long story short, I refuse to pay $800+ for something l did not do. I want to take them to small claims court because they refuse to drop the charges. However, that was in NC, I have since moved to VA. Is it possible to still take them to court out of state & if so, how do I win my case? Thanks!

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And just to clarify, have charges been officially filed?

It occurred in NC. I have not filed any charges yet. They have since reported my nonpayment to a debt collector.

Lawyer's Assistant: Have you contacted the manufacturer?

There is no manufacturer.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

The apt complex has zero evidence I smoked in the apt, they're going off an inspection performed 7 days after move out by a single maintenance man's judgement.. They did not persue less expensive cleaning options, instead they ozinated my unit for $800 and when asked for a copy of the bill, it did not have my correct address on it as the location where the work was performed. It is a multi-unit apt complex with active construction sites, with smoking workers, directly outside my windows For the enterim of my lease. They found no other discrepencies upon inspection. I have a spotless rental history and refuse to let judgemental office staff ruin my reputation.

Submitted: 11 months ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 1 minute by:
9/10/2017
Lawyer: Legal Eagle, Lawyer replied 11 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,372
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Legal Question
Lawyer: Legal Eagle, Lawyer replied 11 months ago

Thank you very much for your patience. This appears to be a classic breach of contract. A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. You could go to court, but there’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

As far as winning your case, you will just want to make sure that you explain that you did smoke and therefore you should not be charged the $800. It may be difficult to prove that youd id not smoke, but if you bring up the facts such as the fact that the workers on site were smoking directly outside your place, then that will go very far.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

Ask Your Own Legal Question
Customer reply replied 11 months ago
Thank you for the response. Do you no if it is possible to file the small claims court out of state? Do I have to be present? It sounds like they do this often, so mediation with this company is unreasonable. When I brought up any issues like how the cleaning bill was not even for my apt, they just said they'd have to change it and make sure it's my apt. That's even worse in my opinion, what do I know!
Lawyer: Legal Eagle, Lawyer replied 11 months ago

You're certainly welcome. Yes, it is possible to file a small claims court out of state and you will have to be present, unless there is some extreme and extenuating circumstance and the court allows you to appear by telephone or by video conference, if they have those capabilities.

Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Legal
Satisfied Customers: 14,372
14,372 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,658 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,843 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,266 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

301 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
We are tenants of new large apt complex in North Garland,
We are tenants of new large apt complex in North Garland, Texas. Our lease is up next summer 2019. … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,294 satisfied customers
I'm living in a Condo and one of the units has a catering
Hello, I'm living in a Condo and one of the units has a catering business in his unit. This unit is tenant occupied and landlord ignores requests from HOA to ask tenants to stop doing business. Do we … read more
Lori
Lori
Juris Doctor
2,151 satisfied customers
My question is about my my old apartment complex and my
Hi, My question is about my my old apartment complex and my deposit. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,020 satisfied customers
When my daughter started college away from home, we signed
When my daughter started college away from home, we signed a two-year lease in order to get a month's free rent. During the 1st year, my husband lost a 36-year job due to the economy. We finished payi… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
At the age 12 I was a novelist and cartooner cartooning such
At the age 12 I was a novelist and cartooner cartooning such cartoons as (the fox and the hound, ninja turtles, clifford the big red dog, smurfs, gangs were sent from illinios to descend upon me bruta… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
hi! we were living in VA and found a job in NC. I came down
hi! we were living in VA and found a job in NC. I came down over the weekend to find an apt. I saw one and i liked the layout of it, but because it smelled of smoke, i asked her if she had any other p… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
Doctoral Degree
44,266 satisfied customers
I live in Wisconsin in the village of Shorewood and am renting
I live in Wisconsin in the village of Shorewood and am renting a duplex. I moved in in September of 2010 and there are no smoke detectors or a co2 detector in my unit/ Also they never disclosed to me … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
HOA query. A renter tenant in our 37-unit loft in Oakland CA
HOA query. A renter tenant in our 37-unit loft in Oakland CA is a smoker. He gave it up for a few months after heart bypass, but has since resumed. Nuisance complaints had been filed in past, but rece… read more
socrateaser
socrateaser
1,031 satisfied customers
I want to know if I have a chance in small claims court to
I want to know if I have a chance in small claims court to sue the apt's for wronful eviction . I was ask to move for no reason , after just one month . They claimed I had someone living with me which… read more
D. WINOGO ESQ.
D. WINOGO ESQ.
Hearing Officer/Attorney
Doctoral Degree
100 satisfied customers
It is my understanding that in multi housing units ( apartment
It is my understanding that in multi housing units ( apartment complexes) if a renter is a moved it and is a smoker and I live above them, and the smoke comes into my apartment in any way that I am fo… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,843 satisfied customers
i moved into a multi unit apartment complex that turned out
i moved into a multi unit apartment complex that turned out to be infested with bed bugs. my daughter has ben bitten over a hundred times and is severly scared over her arms and legs. i have spoken wi… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
We are APD Building Services, LLC; incorporated about 6 yrs.
We are APD Building Services, LLC; incorporated about 6 yrs. ago in Pennsylvania. We want to buy a multi-family complex in North Carolina/Onslow County, titled in the name of the Corporation. Do we ne… read more
Ellen
Ellen
Lawyer, Consultant
Doctoral Degree
8,238 satisfied customers
if a tenant breaks a 1 year lease by moving after 6 months,
if a tenant breaks a 1 year lease by moving after 6 months, can the landlord charge the tenant for repainting advertising, or other costs incurred to minimise damages? IN the state of WI… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
I live in a Senior Citizen complex in a studio apt -- purchased
I live in a Senior Citizen complex in a studio apt -- purchased ALL new furniture and decorations plus came from a bed bug free environment when I moved here on May 19th, 2010. On Aug 11th, 2010, and … read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I transferred units in the same complex in March. I had arleady
I transferred units in the same complex in March. I had arleady paid the rent for the previous apt. ans lived there for 10 days. I paid a trasfer fee, and they told me the rest of the rent payment for… read more
Cedric
Cedric
Attorney at Law
Doctoral Degree
2,088 satisfied customers
I live in Co-op in wash, dc. I own my apt. There are 3 other
I live in Co-op in wash, dc. I own my apt. There are 3 other apts in my building. the apt below me is constantly rented to people who are smokers, which is ruining my apt from the smoke. I am also all… read more
cfortunato
cfortunato
J.D.
7,967 satisfied customers
Due to cigarette smoke filtering into my apartment daily from
Due to cigarette smoke filtering into my apartment daily from the downstairs unit. With countless complaints to the landlord. This was done by letters, e-mails and in person. Our lease states if any u… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
When signing my lease there was no stipulation the Apts. were
When signing my lease there was no stipulation the Apts. were "smoke free" or thae grounds non-smoking. Shortly after moving in I was told "not to smoke in apt. or on patio. I complied with landlords … read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x