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Brenda Powers Real Estate Brenda Kay Powers Two-Faced Beware! Puts Tenants on the hook for EVERYTHING! Know Your Rights! Dunn, North Carolina
I came to North Carolina as part of a teaching exchange program and needed to find a house quickly that would accept pets. I had one cat and one older dog. I found Ms. Powers on my last day there and agreed to rent an older home from her. The place was a former Mill House constructed in the 1920's. It needed some work but the price was right and I was desperate. I agreed and we signed a lease. She went over the lease with me very quickly, I had to sign it in her office with her watching. She also made me initial some areas explaining that she wouldn't honor these, like storing a tenants possessions for 30 days after they moved out before selling them. (Incidentally, that is LAW in NC and nothing a landlord makes a tenant sign on ANY lease can contravene that) I was unable to take the lease away and read over some of the terms and conditions in more detail but silly me, I signed it.
When we walked through the property she assured me the yard was fenced, it was hard to see if it was because the property backs onto a greenspace and it was very overgrown. I *did* ask about the yard because I was concerned about my dog. Later on I adopted another dog while I was down there and when he went "exploring" one day in November, I realized the yard wasn't completely fenced in. No worries, I bought some cable and made a zip line that ran from the back porch to a tree and let my dogs out on that.
On another matter, when it came time to do he walk through inspection she again, insisted she accompany me and rushed me through the process, inspecting the whole house took 15 mins tops. Also, I noticed that things I put on my copy she never put on her copy, like the fact the storm door to the back yard had strips of rubber weatherstripping screwed into the frame, with foam duct-taped on top of that to stop drafts. Naturally, screwing anything into the frame of a storm door ruins the integrity of the plastic frame inside the door and no surprises one day the bottom galvanized steel panel of the door fell out. I looked at the door and saw the frame was cracked but thought I might be able to mend it with some epoxy and clamps. Meanwhile, I was having issues with the 15 year old hot water heater, the pilot kept blowing out and wouldn't stay lit when I tried to relight it. When she and her workman came to fix it she left a message asking me to call her back, assuming there was some problem I did so. Only to find out she was accusing me of turning the hot water heater on and off to save money on heat. I was stunned, I told her would never do such a thing because that was a ridiculous thing to do and wouldn't save me any money. She came back telling me I did do that because I *told* her I was doing that to save money. That's when I realized I was dealing with a crazy person.
That week I got an ALL CAPS letter informing me that I was "disrespecting" the property because of the tie out line for the dogs and the broken door. I saw red and called Ms. Powers, I told her I had the tie out line there because the yard wasn't fenced contrary to what she told me, she went ballistic and claimed she never said that and said I was putting words in her mouth and called me several other names as well. I was told I had to take the tie out line down IMMEDIATELY or face eviction. I asked why and she claimed it was due to the fact the porch roof was rotten and my dogs would pull it off because the line was attached to a porch roof support. I became very quiet and asked Ms. Powers why she had failed to mention the rotten porch roof that was about to collapse "at any minute" on the move in inspection report. She told me I should have noticed it myself because it was so obvious.
We hung up and a week later I see the porch roof is repaired and some bizarre contruction of two posts and a steel cable has been erected in the yard for use as a tie out or clothesline which made no sense as it was well over 20 ft from the back door and located in a shaded part of the yard. I thanked Ms Powers with a note on my monthly rent check and went on.
Months pass and I get another ALL CAPS letter asking me why I am still disrespecting the property by not fixing the storm door. During my previous discussion with her I explained what happened and said although it wasn't my fault I would fix what the previous tenants had damaged by screwing things into the storm door. She claimed in the letter that my dogs has damaged the door by scratching at it and that it was my fault and I needed to replace the door. My one dog, Jake was trained to bark to be let in and my other dog, Bruno would scratch but only on the bells I had hung up to let me know he wanted in. Mostly, he just waited for Jake to bark. I was pissed but I guessed well it happened on my watch I'll take the hit for that and replace the door.
I was hoping to find a used door rather than an entirely new door which is what Ms. Brenda wanted me to install. She also insisted on coming over for inspections, once with no notice as I was getting ready to leave to meet friends. I asked her to come back at another time and she refused saying, "that's the kind of behavior that raises red flags". I teach kids for pete's sake, what does she think I'm doing? Later I did some research and found out that inspections can only be carried out after "reasonable notice" has been given. I pointed that out to her and made her stick to that in future. Despite that just before Christmas when I was very busy with work and making arrangements to go home for the holidays she wanted an inspection. I agreed at first then asked to reschedule for the week I came back from holidays because I was just so swamped and pressed for time. When I called her she told me I "no longer have the luxury to reschedule appointments with her" and that I should be there at the time or else. During that inspection she sat at my table and told me I was a high strung individual who seemed to her to be the sort of person who would just up and leave. I was disrespectful and defiant. More personal insults of that sort all because I did some research and made sure my rights as a tenant were respected. I sat and took this because I knew then I was moving back to Canada and I just wanted to be left in peace for the few months I had left. She insisted I get personal liability insurance to the tune of 100 000$ coverage because I had dogs and that it was a requirement of the lease. I pointed out that in NC despite whatever a tenant may sign that kind of clause is unenforceable. Onec again, she threatened me with eviction so I went and got some insurance. When I faxed the binder to her her fax machine didn't work, it was at 11 am on a Friday and I emailed her telling her about this problem. Nothing from her all day. (By then I had switched to email and refused to talk on the phone with her because her stories kept changing and I wanted proof, also I insisted on having a witness present during inspections) At 6pm I get another ALL CAPS email here is an example of what this chick is like:
NO LISA I DO NOT HAVE IT FAX # ***-****, FAX MACHINE WILL BE CUT OFF IN ABOUT 30 MINUTES IF YOU CAN ATTEMPT AGAIN, ALSO WILL DEPEND WHERE YOU ARE FAXING FROM IF YOU WILL NEED TO PUT THE 910 AREA CODE ON IT.
My reply:
"I am unable to fax it again until Monday because I faxed it from school. I don't have a fax machine at home. I did use the 910 area code when I sent it originally at 11 am. I don't know why it didn't work as I sent a fax to Liberty Mutual no problem.
I will resend again Monday, please look for it then.
I did review my maintenance agreement and the shrubs are to be trimmed "semi-annually" All shrubs were trimmed monthly in June/July/August and I will trim them again tomorrow. I will be trimming the boxwood hedge out front, all bushes surrounding the house, the two bushes that flank the shelter out back and the bushes along the driveway.
Anything else on the property is a tree and I won't be trimming trees. Also some of the trees are dead, dying or rotten (the spruce gum) and I won't be messing with that as I don't want to injure myself. If the owners need these trimmed I feel they should pay for that as tree trimming isn't specified in the maintanence agreement. "
Oh yes the "shrubs" when I moved in they were over 8 ft tall, I have a picture proving this, and my witness pointed that out as well because she was with me when we first inspected the place. Brenda basically told me I was lying and my witness had nothing to say as she wasn't involved in the conversation. She wanted me to cut back "shrubs" that were well over 9 feet tall at this point or pay a tree removal service to do it. I did trim them, more than was required by the agreement actually. I trimmed them again down to the 6 feet she wanted but only the shrubs around the house, not all the ones on the property as she insisted I do.
Her reply to my email:
Lisa, per my request your were to have the tenants insurance in my office by close of business Friday (1-22-2010) please refer back to emails, You have made not attempt to explain to me that you did not understand this so is there any reason that I can understand why you did not drop it off in the drop box as you have done your rent on several occassions? This is simply another defiances of your behavior as a tenant, which I will no longer accept.
If you neglect and do not get this to me by 12 noon on Monday January 25, 2010
PLEASE ACCEPT THIS AS FINAL WARNING AND THIS CAN JUST BE A 30 DAY NOTICE TO VACATE THE PROPERTY AT ********************************. I HAVE EXHAUSTED ALL EFFORTS TO WORK WITH YOU ABOUT YOUR LEASING THIS HOME.
THERE IS NO REASON FOR EITHER OF US TO WASTE ANY TIME IN THE FUTURE ABOUT THIS MATTER SO
2 Updates & Rebuttals
L Silver
Cambridge,Ontario,
Best advice
#3Author of original report
Thu, November 06, 2014
I wish you much luck. She is as slippery as a snake. The court found for her because I was back in Canada and never attended the hearing. but the statute of limitations in NC is only three years so she was never able to collect on the judgement. If you plan to stay in NC be aware that leins can be placed on your property in an attempt to collect the debt should they find in her favor. Most cases if the tenant doesn't show up to court they'll find for the landlord. My advice, document everything. Bring witnesses to court if possible and maybe try and see about a lawyer or free legal clinic to assist you with your claim. I'm terribly sorry to hear she is still abusing tenants.
TMC
Dunn,North Carolina,
Outcome of hearing
#3General Comment
Thu, November 06, 2014
I am just curious as to what the outcome of your hearing was and if the court found in favor of your past landlord? We are dealing with a similar issue in the same state and with same landlord. Trying to gather all information and legal rights. Appreciate your time.