Legal Question in Consumer Law in North Carolina

I rent from an apartment complex; we signed our lease and moved in the first week of July (Saturday). We hired a moving company to move our things, and the same day our new washer and dryer was delivered. My husband was there while moving in, and he noticed before the delivery guys left there were scratches on the floor. He asked them about them and they said the scratches would come up easily with some cleaner. After I got home, I noticed there were a few gouges in the floor. On Monday, he called them and set up a claim. Near the end of the week, they told him to send in 2 estimates (at their expense). We sent in within the next week, and their first response was the estimates were too high. So we agreed they could choose someone to do another estimate. A few weeks go by, they finally send another estimate guy out. About a week or two after that, we get a letter that says basically we will fix the floor and the last guy should contact you about setting up the repair time/day at our expense. However, about three weeks go by he never contacts us. So my husband calls the company back again, and they give him the run around about how they claim they didn't mess the floor up. The manager keeps asking to set up a time to come over to personally look at the damage, but then he never shows. My husband talked to him last week, in which the manager asked him if he had received a second letter. He replied no and this week we received a letter dated Oct postmarked last week that said after our investigation we have decided not to fix the floor. And if we do not hear from you by Oct 26th we will close the claim. This company is making no attempt to fix my floor or attempts to call us. Each time my husband has had to call them. They sent the letter that said they were fixing it, and now they decide they aren't. Can I sue them? When I move out of the apartment, they will come after me for the damages that we didn't do.

Asked on 1/15/13, 9:14 am

1 Answer from Attorneys

Kenneth Love Ken Love Law

Yes, you can sue them, but the issue will be who caused the damages...which they will likely deny in Court. You need to gather whatever evidence you can that they did this and sue them for the cost to repair.

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Answered on 1/15/13, 9:43 am

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