North Carolina  |  Real Estate Law

Legal Question

Asked on: 5/20/13, 1:02 pm

I've always paid my rent on time until this month where I mailed a check on the 15th and they said they just got it today the 20th. I called the apartment complex to let them know I'm mailing my rent check late and then I received a voice mail saying I had to pay rent at 9am the next day on the phone with a credit card or they were going to file papers for my eviction. I didn't receive this voice mail until after 9am and I assumed they were just bluffing but I just got a call today saying they got my rent check but they weren't going to cash it because they need an additional $150 fee for having to file papers. I really don't want to pay that fee out of principle can someone tell me what my options are? I really don't want to go to court.

2 Answers


Answered on: 5/20/13, 1:07 pm by Jeff Rosner

Maybe ask them to provide you with a copy of a receipt proving they actually filed an action in small claims court.


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Rosner Law Firm P.A. 1301 Larkhall Court Cary, NC 27511

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Answered on: 5/20/13, 2:07 pm by Kenneth Love

Unfortunately, principle is not on your side here. I agree with Mr. Rosner, if at this time they did not file court papers, they have engaged in unfair debt collection. IF they have filed, which is typical after the 15th, then you don't have much of a leg to stand on and unless you had an agreement in writing that allowed you to pay rent on the 20th...verbal will not be enough because they will deny it in Court. The only way to avoid Court...if they filed when they said they did, is to pay all of the appropriate rent and fees.


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Ken Love Law 3410 Healy Drive Winston Salem, NC 27103

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