Can my old landlord file a “personal property damage” report while we were still tenants?

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Can my old landlord file a “personal property damage” report while we were still tenants?

My old landlord filed a warrant for arrest due to “personal property damage” 7 days before we even moved out. She never gave us any notification, or bill for the damages thay she is claiming. We had a security deposit and figured any thing that is not covered by that she would notify us of. She didn’t, in fact upon her going to do the move out inspection she went straight to the police and filed a claim. The worst part is my husband could get a midemeanor if found guiltyover this.

Asked on July 29, 2012 under Criminal Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I would speak with an attorney as soon as you can on this matter.  If the damage to the property was as a result of the tenancy then she should have taken the matter to landlord tenant court and not to the police.  I think that you may have a claim against her for doing it this way but first you need to protect you and your husband.  Get help.  Good luck.


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