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  1. #1
    Join Date
    Mar 2008
    Posts
    2

    Default No Move-Out Inspection, And Late Return Of House Keys

    PLEASE HELP ME ASAP!!!!!!!!!

    Cumberland County, North Carolina.
    I (plaintiff-tenant) prevailed in small claims court and magistrate ordered rental agreement void due to defendant-landlord’s breach. Parties were ordered to meet in the property to do a move-out inspection and return the house keys. During the hearing we agreed to meet at 9:00 a.m. because I needed to leave town after the meeting to attend my brother’s wedding.
    We met as agreed, but landlord refused to do walk-thru; she just demanded house keys. I refused to give her the house keys without inspection. She said she would be back in the afternoon with a contractor to do a professional inspection. She never came and I was not able to leave town. I took pictures, vacated and locked the house, and kept the house keys. The following day in the a.m., I went to court and the magistrate told me to mail the house keys to landlord.
    I left the house keys in my new apt. and left town immediately. I mailed keys 2 weeks later upon my return to town. Now, the landlord filed counter claim including 3 weeks of rent, door locks replacement, and a bunch of nonsense items.
    Do I need to pay that even though she was in contempt of the court by refusing to do move-out inspection? Please, I need legal ammunitions and possible remedies to give this no-good landlord a lesson.
    Thanks!!

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
    Posts
    98,846

    Default Re: No Move-Out Inspection - No House Keys

    Quote Quoting lolo1212
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    The following day in the a.m., I went to court and the magistrate told me to mail the house keys to landlord.
    That seems pretty clear, so I'm left wondering why you chose to ignore the magistrate.
    Quote Quoting lolo1212
    Now, the landlord filed counter claim including 3 weeks of rent, door locks replacement, and a bunch of nonsense items.
    You're responsible for your actions; the landlord is responsible for the landlord's actions. Your breach of duties kept the landlord from getting immediate access to the property and forced the landlord to change the locks. The landlord can't have it both ways - the date on their receipt from changing the locks? That's reasonably asserted as the date they regained possession of the apartment.
    Quote Quoting lolo1212
    Do I need to pay that even though she was in contempt of the court by refusing to do move-out inspection?
    You'll have to pay whatever the magistrate orders that you have to pay. She didn't follow the magistrate's instruction to inspect; that may be enough to resolve the "bunch of nonsense items" in your favor (but it's impossible to say without knowing the details). For two weeks you ignored the magistrate's instruction to return your keys. That may be enough to cost you some rent.

  3. #3
    Join Date
    Mar 2008
    Posts
    2

    Default Re: No Move-Out Inspection, And Late Return Of House Keys

    Know it all!!!!
    Thanks!!

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