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Do i have any rights??

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lotsofjelo

Junior Member
What is the name of your state?NC

Our apartment complex is charging us for damages we did not create. Upon moving in we requested a copy of the check list, however we were told that they could not find it. After 2 months they claimed they had lost it. So there is not current record of the initial condition of the apartment to my knowledge. However, they are charging us about $1000 for having to replace the carpet and painting due to "black" marks. Our apt had a natural gas fire range with no vent. However, this fireplace had created a lot of soot which in turn damaged the apartment and our personal belonging. When we asked the complex whether the fireplace gave off soot we were told "no our fireplaces do not give off any soot". Therefore, we disregarded the matter. After winter season, when we first cleaned the fireplace after usage we noticed that the fireplace did give off soot. However, the complex still claimed that it does not. Upon move out we were confirmed that the fireplace did give off soot because our personal belongings like computers had collected a large quantity of it. Currently the complex is charging us for the damages created by their appliance. Is this our fault?

What could taking this to court do for us? I have also heard that taking matters like these to a small claims court drags out. Is it going to be worth it?

I am upset that they refused to believe us that their fireplace is not functioning properly and not only did we breath in that soot for a whole winter season, but that our own appliances including 4 personal computers and regular tower fans have all collected that soot. I took 3 hrs to clean up my fan with a cotton swab! (which I have to say still has soot in it) Half of my property was damaged by it.

What actions can I take? And is it worth the trouble and time considering I live out of state now? I can't tell if it is worth the time because I don't know how strong of a case I have and what the reprecussions are if we lose.
 



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