Property management claim in NC

This is a discussion on Property management claim in NC within the Landlord vs Tenant Issues forum, part of the REAL ESTATE & PROPERTY LAW category; I have recently viewed my credit report, and found that the property management company that broke my lease now wants ...

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Old Dec 6th, 2007, 09:07 PM   #1
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Default Property management claim in NC

I have recently viewed my credit report, and found that the property management company that broke my lease now wants to hold me responsible for the remainder of the rent for the 8 months I was not a tenant. I have two questions about this matter. First the property I lived in was under the property management of Pinnacle Properties. My roommates were not keeping up with the rent. When we were served with a summary of ejectment because they were months behind. At this time I had paid all of my portion of the rent up, before the court date. The civil court paperwork states that I was dismissed, and therefore not evicted (so I thought). Well several days later another property management company (Keystone) took over for Pinnacle and they told me that I had to vacate the property, because their policy stated that all tenants must vacate upon eviction; since there are no separate leases. I never signed a lease with them and vacated the property. When I obtained a copy of their billing ledger it showed that they took our deposit for excessive cleaning, and charged me double rent for 6 out of 8 months, then put the balance on my parent's credit (my cosigner at the time). My parents disputed this with the credit company and it was eliminated. Well a couple months later they put it on my credit report, so I have to dispute it. Is this legal, and if so, do I have any legal recourse.
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Old Dec 6th, 2007, 11:01 PM   #2
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Default Re: Property management claim in NC

I'm a little confused about your post. You said there were no seperate leases. Were you all on the same lease? But then you said you never signed a lease? This is confusing.

Usually, when there are multiple roommates, there are all listed on (and sign) the same lease, making them all jointly and severally liable. Each tenant is responsible for all of the rent and all of the obligations. If one tenant doesn't pay, the others are responsible for his share. Was your lease written like this?

If it was, the LL or PMC can pursue all or any of the tenants to obtain the monies owed to them (hence the term jointly and severally liable). So they could come after you for any money owed, even your roommates' shares. If you had a guarantor (your parents), they could likewise go after them for any money owed (including your roommates' monies). To do this, they file for a judgment against you or any other roommate and any guarantors (usually they file against all of them) and the total judgement is issued against everyone. They can collect the whole amount from any one of the people listed on the judgement.

The policy that all tenants must vacate at the same time would be correct. If any one of them stayed, and you were all jointly and severally liable, you would all still be liable for the rent. The double rent - was this to make up for your roommates lack of payment?

Finally, have they obtained a judgement on you from the court yet? If so, this will show up on your (and probably your parents') credit records. It will stay on everyone's credit reports for years to come until the debt is repaid in full.
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Old Jan 18th, 2009, 05:41 AM   #3
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Old Jan 18th, 2009, 07:55 AM   #4
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Default Re: Property management claim in NC

I agree with above (OHLandlord)

you are jointly and severally liable for the outstanding rent.
For the excess payment you are held liable you will have to claim/sue your other roommates for that.
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