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North Carolina Landlords Charging Illegal Eviction Fees
On June 19, 2020, the Fourth Circuit Court of Appeals issued an unpublished opinion finding that, prior to June 25, 2018, North Carolina landlords were prohibited from charging tenants filing fees and service fees in connection with residential landlords (Suarez v. Camden, case 19-1367).
What Does This Mean?
Since 2017, our firm has filed 17 similar cases. These cases argue that North Carolina’s Residential Rental Agreements Act (N.C.G.S. Section 42-46) prohibited landlords from charging filing fees, service of process fees, and attorneys’ fees (collectively “Eviction Fees”) when it listed certain allowable fees and prohibited the charging of “other fees.” In June 2018, the General Assembly amended the law in to expressly allow landlords to charge these fees, but landlords still face potential exposure for charges imposed before the amendment became effective.
To date, there are several that have already settled resulting in significant amounts to tenants and former tenants. Below is a summary amount of the various settlements:
Class Action Lawyers
Scott Harris and Patrick Wallace, of Whitfield Bryson LLP, along with their co-counsel at Maginnis Howard represent the proposed classes in these matters. The lawsuit is styled Jorge Suarez v. Camden Property Trust; Camden Development, Inc.; CSP Community Owner, LP, F/K/A CSP Community Owner, LLC Doing Business as Camden Westwood, case number 19-1367, in the U.S. 4th Circuit Court of Appeals.
Scott Harris
Partner
Scott’s practice focuses on fighting for individuals and homeowners in complex litigation, including construction defect, mass tort, product liability, and wrongful death litigation. Scott’s success has been recognized by numerous professional associations. He was named a Super Lawyer in 2010, and every year since 2012.
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