Boone Town Council passes resolution asking North Carolina attorney general to investigate unfair and deceptive rental housing practices
April 25, 2020
The Boone Town Council passed a resolution to ask North Carolina Attorney General Josh Stein to investigate unfair and deceptive rental housing practices in Boone.
The resolution, passed unanimously Tuesday night, was partly the work of App State student Dalton George.
He said he was reapplying for apartments when he read that New York City capped rental application fees at $20.
Among some of the biggest rental agencies in Boone, Winkler, Holton and Boone High Country Rentals, application fees range from $50-$60. In Boone, the average rent for an apartment is $776 as of March 2020, according to rentjungle.com.
“To me, it seemed like a lot of people didn’t really realize how bad it had gotten in student rentals,” George said. “I think a lot of rental companies have gotten away with taking advantage of tenants because we don’t really know our rights.”
George met with town council member and attorney Sam Furgiuele to figure out what the town council could do to help stop certain rental practices in Boone.
Furgiuele said George approached him with concerns, particularly about landlords that charged high fees for credit checks and weren’t clear about what the fees were used for. A credit check means a company will look at information from a credit report to understand financial behavior, according to Experian. According to moneycashers.com, a credit check can range from free to $34 or more.
The resolution lists seven alleged “predatory or unfair” practices:
- Charging as much as $800 per apartment in non-refundable fees to pursue credit checks on tenants and their parents, while potentially not using that money for a credit check or not using it at all.
- Landlords not publishing or disclosing certain rental charges and non-refundable fees imposed until the tenant applies for housing.
- Imposing a series of fines on tenants, which are not disclosed or directly included in the leases in some multi-family complexes, that make tenants abide by rules and regulations made by the management, which they freely alter.
- Renting by the bedroom, but requiring each tenant to guarantee full rent for an entire four-bedroom apartment, even though the tenant may not have any prior relationship with other tenants.
- Tenants not being properly or effectively advised of the chance for a property to flood, or of the landlord’s refusal to take responsibility for flood damages until after the loss.
- Landlords regularly deducting amounts from security deposits that represent charges for normal wear and tear.
- Landlords using leases that are so complex people untrained in the law can’t decipher the many predatory and one-sided provisions.
Holton Mountain Rentals and Boone High Country Rentals, could not be reached for comment.
Cities, towns and villages in North Carolina do not have “home rule,” which means the state legislature must grant the powers and authority to municipalities and authorize them to perform certain functions, according to the North Carolina League of Municipalities.
With home rule in mind, the resolution also asks Representative Ray Russell and State Senator Deanna Ballard to amend “the North Carolina Residential Rental Agreements Act and the North Carolina Tenant Security Deposit Act.” Russell said he would like to have a conversation with the Attorney General’s office before commenting on the resolution.
Ballard has not responded to a request for comment.
The Residential Rental Agreements Act determines the rights, obligations and remedies under a rental agreement for a dwelling unit, according to the North Carolina state legislature.
The Tenant Security Deposit Act sets out the rights and responsibilities of residential tenants, landlords and their agents regarding tenant security deposits, according to the North Carolina Real Estate Commission.
During the public comment period, App State junior Emma Strange spoke along with others.
Strange said she was given until Dec. 18 to decide whether or not to renew her lease, in which her rent would be raised by $60 per month. She said she couldn’t afford the increase.
She applied to other rentals and paid non-refundable application fees. But, five days before her deadline to renew, her rental agency informed her rent would only go up $5 per month and the deadline was extended to Dec. 30.
In late January, she was rejected from the five apartments she applied for and was in limbo. The person who planned to take over her lease no longer could, but Strange was able to re-sign the lease for her current apartment late.
She also talked about how she received a $10 charge for a pumpkin near her property after a certain period of time after Halloween and confusing charges were put on her account without notification.
“This is one of many steps in hopefully securing more steady rights for tenants in the town of Boone. I’m grateful for the town council for their willingness to hear from tenants during their meetings,” Strange said.
George said that the passing of this resolution is a huge step for affordable housing.
“Young people in Boone have had little means to address the unfairness and have often had to accept whatever penalties, fees, or negative practices that came with what little housing they could find,” George said. “This resolution shows a commitment, by our council, to the rights of tenants.”
He also said he hopes Stein accepts the invitation to investigate the many practices stated in the resolution.
Hamilton Temple • May 11, 2020 at 8:38 am
Hidden Creek is awful. We are in the middle of this right now. They deducted fees from our security deposit which were listed as turnover fees which the NC Real Estate commission expressly forbids unless it is for extra wear and tear.
Logan Mills • Apr 29, 2020 at 1:19 pm
This is huge. BOONE HIGH COUNTRY RENTALS needs to be investigated! We were tricked into our lease, (they didn’t want us to see the place before we signed) and lied about the amenities. Then when we moved in we found condom wrappers, nails in the driveway, bags of trash everywhere, the place was disgusting. Our feet turned black walking from walking around in our new place. They then “overlooked” our maintence request regarding our smoke detector. They need to be taken to court.
Katie Murawski • Apr 29, 2020 at 4:19 am
Fabulous work, Moss!!! This is excellent journalism. I’m so glad folks in Boone are finally getting wise to the corrupt practices of landlords and doing something about it! I’d love to see an article exposing the equally corrupt practices of the towing/booting companies there…
Nina • Apr 28, 2020 at 7:51 pm
I echo the sentiments in the previous comments. My daughter and I have had a very frustrating and disappointing rental experience in Boone. In addition to fees we couldn’t even transfer the deposit from one rental unit to another with the same rental company. However my biggest complaints are with the quality and condition of the apartments and the parking issues. The fact that the Town of Boone allows non-municipal cowboy companies to indiscriminately boot cars and demand outrageously expensive payments to remove the boot is criminal in my opinion. I believe the rental companies create a side revenue stream by not providing sufficient visitor parking, keeping cars parked in visitor parking and not providing loading and unloading areas. I was booted in the middle of a weekday at a complex no where near the high demand areas around King Street, with only two full visitor spaces for a complex with about 50 apartments. This complex also does not have any street parking. I was dropping some items off to my daughter and was in her apartment less than 30 minutes. I do not believe these companies would be allowed to operate in the city where I live. I wish the people working for rental reform in Boone the best of luck! Many students and parents have learned lessons about unscrupulous business practices in Boone. I would not recommend ASU based on the experience we have had.
J Acton • Apr 28, 2020 at 5:35 pm
I truly hope that they include Hidden Creek in this investigation. We are presently dealing with many false claims with them. They won’t return any of the security deposit and have added additional fees saying we owe them. Courts are closed so we are stuck and they refuse to budge.
Becky • Apr 28, 2020 at 12:14 pm
It isn’t just student rentals!! Non-Student Rentals are the same way and Hidden Creek Management is the worse! Outrageous fees, deception, and hidden agendas. Charges are ridiculous when moving out – – $75 to replace a light bulb or a ceiling tile?? They don’t honor pet deposits or additional fees paid. Sublet fee of $250?? Which in my case they never honored or refunded. And rent for a family well over $1500 for something that is not well maintained or cared for. It is ridiculous. Our students and community deserve better.
Lily Mize • Apr 28, 2020 at 8:57 am
Feel free to reach out of you have more questions or want more evidence for the case. I have some. I suffered at the hands of most of the larger companies over the 5 years I lived in Boone as a student and post grad. One place, a house, had a tree limb poke a hole in the roof. The kitchen ceiling was developing a massive pocket of water in the drywall. They sent an extremely old maintenance man at about 11:30pm who poked a hole in the ceiling and called it a night. Next day a tarp was nailed over the hole and it was “fixed”. This was the middle of winter and we were told they couldn’t replace the roof because it was too cold for th workers, but meanwhile we had a hole in our kitchen ceiling going clear through to the outside! No compensation for the time we spent with higher heating costs from a hole. Everyone I know who rented in Boone had mold problems and critter problems. I had an apt through Boone high country rentals that had the shared electric meter with the efficiency apartment in the basement. The Tennant never paid her electricity and eventually moved out and fled the bills. It took almost a year and threats and so many emails to finally get a small reimbursement check for her electricity usage that didn’t even cover the amount she owed. So insane. And as others have mentioned, signing a lease in December for the following august… I live in a different college town now and nobody was sending lease renewal notices until April.
louise • Apr 28, 2020 at 8:00 am
Yes, thank you for writing this article. Now we just need the tv news media to pick it up. My experience with Hidden Creek Management is terrible. I am not a student but I have never seen such ridiculous fee’s, deception, and disgusting practices.
If I was a home/condo owner I would not let hidden creek manage my property. Thank goodness I took loads of pictures when we moved in and I am leaving the property after a year because they are terrible. It is about time these people get investigated!
Kayla • Apr 27, 2020 at 7:32 pm
Thank you for writing this article. It’s insane how much rent and general fees are to just live here so I can attend app. I was off campus my second year here so I have been dealing with these fees and long and confusing leases for about two years now. I’ll be moving in the fall to just deal with more of this craziness.
Linda Frye • Apr 27, 2020 at 7:25 pm
I lived in Boone from 1995-2003. I owned my own house near the University. There was a Winn Dixie nearby where I shopped and a lot of the students did also. When I would get home I always checked my receipt…there was ALWAYS at least one over charge. If it was more than .50 I would call them on it…at times there would be several really adding up. I would bet most students don’t check their receipts. WD was making a lot of extra money.
Sharon Rogers • Apr 27, 2020 at 7:14 pm
Happy to see this. So much greed is showing, as slumlords and other rental agencies are gouging the students and others
Mackwisley • Apr 27, 2020 at 7:02 pm
It’s about time someone has finally reported these rental/ Boone / monopolizing / mafiosos to the attorney general. This practice of nonrefundable application fees and exorborant fee charges in order to keep majority if not all student deposits at end of leases has been going on for over 30 years now. ASU students have never had anyone stand-up for them in the past, as all of the management companies and property owners with their deep pockets and political contributions to assure they would always have the upper hand. Kudos for this article, and hopefully the now statewide exposure will bring some long needed changes in student housing abuse practices by a select few in our great community .
Krys • Apr 27, 2020 at 5:00 pm
I was a student had credits transferring over to App, and wasn’t told till mid May about not able to live on campus and so the hunt for a place was on and hard to find. When your a bit older than some of your soon to be classmates you’d like to find a place of your own. But when I was about to find my first place was great till two of my roommates graduated and I was told I could pick my new roommates. I was able to meet one in person things seemed great, then I was told the second roommate I wouldn’t get to meet do to her busy lifestyle. Both of them had a dog each and I told the leasing agent that I’m okay with only one large dog in the apartment do to my allergies. After fall semester I was done, with them and the roommates, they had no respect for me nor my cook wear (I know it seems silly but when you spend good money on something to get you through college and for after it matters). On top of that with one of the roommates having her boyfriend living there and I told the office nothing was done, and the other roommate left her dog locked up in her room for long hours at a time where when I got home would bark wanting out. Thankfully I was able to find a place to move into come January. But slowly that was to change, after being there and the next new school year rent went up, was like ok. Then come for the next year up again for an apartment that was only 380square foot! by my last year the rent was over $785! and if I wanted to stay another year I’d be paying over $800. I wanted to stay in Boone due to the job I had and because I loved being so close to the Parkway but also having to think of my student loan to pay back on top of the bills I already had there was no way I could afford to live in Boone, not even if my boyfriend and I lived together. That says a lot.
Mendy • Apr 27, 2020 at 2:15 pm
I do not have the time or words to describe the unfair, unethical, illegal and disgusting rental practices that my daughter has had to endure since she has lived in Boone. She moved there as a student and still lives there as a non-student and has had the same horrible experiences from both perspectives. Some of these landlords/property managers should be in JAIL. She has been kicked out of an apartment (with 3 days to move out) because the office worker who filed out her renewal lease got fired before completing the paperwork and the complex rented their apartment to someone else! She was literally couch surfing for over a month until finding the next HELLHOLE to move into. She moved into the next place because she had no where else to go – and I cannot even begin to list the violations she had to endure at this place. ONE of which was NO HEAT for several months in WINTER because the homeowner (they were renting the upstairs of a house) just didn’t bother to fill up the oil tank! They didn’t care – they had a fireplace to keep warm. These examples are only scratching the service of the CRAP my daughter and other Boone residents have to endure. If the city council doesn’t ACT on this immediately- they need to ALL be fired. The housing situation effects everyone – student, non-student, long-time resident – everyone. I cannot believe it has been allowed to go on for so long. It’s no wonder so many people smoke weed up there. FIX IT Boone city council. In the mean time, I will continue begging my daughter to move back to civilization.
K. Catron • Apr 27, 2020 at 1:43 pm
This makes my day after having a very disappointing experience trying to line up an apartment for my son for next fall. Some of these complexes/management companies need to come with a warning label. We wasted more than SIX WEEKS thinking we had a spot lined up only to find out last week our student was out of luck. Now we are four hours away, can’t go to Boone due to the stay-at-home orders to look in person and were forced to sign a lease on an apartment we’ve never even looked at and no idea how the roommate situation will work out. It’s ridiculous.
Joshua Marsh • Apr 27, 2020 at 1:23 pm
The average rent for an apartment in Lenoir is $500. I don’t understand why anyone would rent in Boone with these rates. That’s just insane. You would save over $250/month. Someone needs to design a busing system from Caldwell to Boone. The prices in Boone are just ridiculous. #moreinlenoir
Ben • Apr 27, 2020 at 11:24 am
So glad to see this story, my old rental company hit us with fees over and over again. Problems we pointed out at move in were never addressed, I had to get the actual property owners involved to get some problems fixed. Move out experience was terrible as well, poor customer service and charges that were completely unfair and ridiculous. I was able to re-coup some deposit charges as I had photos of the same issues from move in. But I feel bad as the new tenants were my friends who quickly regretted moving into the property as they found the management office to be terrible as well. These companies hide behind forms and contracts they have written to take advantage of tenants.
Elena Sartori • Apr 27, 2020 at 11:22 am
Finally, someone can put a stop to unethical rental practices in Boone.
I am not a student but I had my fair share of hardship in renting in Boone. There was so many charges I had to pay without any good reason for it.
I’v rented for a few years and while individual landlord was great but rental companies and corporations are absolute nightmare unlike any other places Iv lived in the country
So glad something can be done about it because no one deserves to be mistreated by rental companies like that.
Melissa • Apr 27, 2020 at 9:03 am
What’s worst is your non student town citizens can’t even find a rental due to the outrageous prices that these companies charge because of the University. I shouldn’t have to rent a room in a house full of college students when I am in my upper 30’s just because that is all is available these days. It makes it very hard to find a good & clean & noice free place almost impossible to find in Boone. I have lived here for over 30 years and still find the rental prices insane compared to other places. Not everyone is ready to buy a house…there are a lot of people out here that are still renting and I am one of them. Some of the rental companies charge over $900 for a 2br/1 ba house or apartment that are in complete crappy shape/ condition it doesn’t make sense. My mom rented out a our house one time to a very nice couple when we moved back to Watauga County…my mom always said sometimes when you have good tenants it’s good to lower the rent because you know they will stay and take care of your place.
Also, cost of living is going up but hourly wage isn’t so much…when it comes right down to it we’re all living paycheck to paycheck with crappy rental housing.
Just my opinion!
C. Carroll • Apr 27, 2020 at 8:35 am
This is great news and long over due. I have an issue with apartment development my daughter is at. This year we were able to get our own Renters insurance for $35 a year. Next year the complex is increasing rent by approx. $20 AND requiring all tenants to purchase their insurance for an additional $25 a month – each tenant!! This sounds like a money maker to me. I am in Insurance and I have a tough time believing this is justified. This is a large apartment complex and they will be making quite a bit of money. This too is a required full year lease, which blows my mind as she will most likely not be there throughout the summer. None of this seems ethical and just seems to be taking advantage of the students who are already dealing with the high cost of tuition. What happens if classes do not start up in the fall and continue on line? Then what? We will again be paying for an apartment that we are not using. Look forward to the outcome of this request. Please keep us updated!
Nina Galea • Apr 27, 2020 at 8:24 am
When I lived at The Standard, they flooded every patio on the 2nd floor because they had crew seal off the drainage on the patio, to find a leak in the rental property below. They never unplugged the obstruction and when the spring rains came, they flooded our apartment. We had water coming in from our patio and the patio next door, underneath the walls inside our apartment. We were never offered anything for the gaffe, nearly having our electronic things destroyed by water and walking into an apartment whose wood floors were flooding. This building was also frequently destroyed by Greek life and partying students: broken lock doors for security, animal waste in the hallways from irresponsible human partiers and animals who were locked in apartments all day with owners who couldn’t be bothered to let them out, and ashes/hair/bodily fluids in the hot tub/ one third of a pool. This was a place that cost something around a 1000$+ a month for a four bedroom apartment where the rental company was unresponsive and down right nasty, and underhanded in how they handled customer concerns and complaints.
When I moved into the Howard St. Apartments we were knowingly allowed into a unit that had black mold and a leak in the ceiling of my bedroom. The leak in the ceiling is so large that it looks like a dead body sitting on the ceiling decomposing. We can see the black mold in the bathroom as well as the ceiling in my room. When I asked them to handle the stuff in the bathroom and mentioned the leak, nothing was done and we were told everything was fine.
Susan Mclamb • Apr 27, 2020 at 8:11 am
The Cottages charge 250 or 300 application fee. They do not allow by semester rentals and you have to rent for the entire year! Even through the summer. 665 per bedroom plus utilities! Rip Off!!!
Nick • Apr 27, 2020 at 7:50 am
It’s about time someone did something! A couple years ago three of my friends and I rented a 4 bedroom duplex through Boone High County Rentals and about a month into our lease they discontinued our trash pickup (which was included) without any notification. We had a literal landfill in front of our house. We called and complained numerous times only to be ignored. Eventually we told them if they didn’t pick it up we were going to dump it in their parking lot… a week later the trash was gone.
Richard Carpenter • Apr 27, 2020 at 7:32 am
As soneone who inforces minimum housing requirements, I think it should be imperative that the Town of Boone adopt such and ordinance and have a dedicated building and zoning official on staff to investigate complaints.
S Davis • Apr 27, 2020 at 7:03 am
In response I would like to comment on the fact that most average local,non student persons, retirees, single individuals
cannot afford a decent place to rent.
Thank you.
Katey • Apr 27, 2020 at 5:57 am
I would love to be a part of this or even just follow this. I have had the absolute worst experience with Holton Mountain rentals. They constantly overcharge me for things that should be handled by maintenance. I live on a pet friendly property and they decided one day that there was “too” much dog poop for their pleading so they would just charge every tenant that has a dog, even when some of us haven’t been there for weeks. The staff is extremely rude to students and will not even allow a tenant to express concern without yelling in their face or over the phone. The maintenance charges $60 just to unclog a toilet or unlock a door. It’s so sad to see how rude and disrespectful this rental company is, especially when it is most students first time renting an apartment. Something needs to be done about this rental company.
Barbara • Apr 27, 2020 at 5:47 am
My daughter is a sophomore and first it’s tough for the students because after freshman year they are getting kicked off campus unless they happen to be picked in the lottery for housing. She found a nice cottage she will be sharing with 4 other girls she has never met and the apartment complex will make $3100 off the 5 girls from one cottage and electric isn’t even included in the package. It’s rediculous how much they charge per person and they are making a killing off one building. Cost per person needs to decrease. The complexes are taking advantage of the students.
Cynthia Lafuente • Apr 27, 2020 at 2:29 am
My daughter was renting a small two bedroom apartment about 500 square ft with no windows on a second floor of an old factory. The rent was $1200 a month for two people. The kitchen was in the center and each bedroom was on the opposite side. There was no windows and the only fire exit was the front door which was in the kitchen. How could an apartment with no windows be legal and be so expensive to rent?
Melissa • Apr 27, 2020 at 2:09 am
I am also not a student but can not believe how much it cost to rent a place what’re it be a apartment or anything .I am from Boone and I lefted for a few year’s and wonted to move back and the cost on any place to live is just Absulutley ridicules.
Bethany L Grube • Apr 26, 2020 at 11:43 pm
It’s about time. I have lived here for 5 years and this article puts the rental situation LIGHTLY. I am so thankful to be living in a great place now by Holton Mountain Rentals, who have been easy to work with and have taken great care of my property. It is important to note that it is a non-student property:)
While I was in college I rented a house that was basically destroyed the summer before I moved in (after I had already signed). We dealt with:
-Potholes in the driveway so large that our mailman had to be towed out
-a hole in our showerhead with a BEES NEST inside
-A dead animal under the shower that reeked for a month
-Mold, mold, mold, and more mold
-Squirrels in the attic
-missing window screens
-a porch 30 feet off the ground that shook when walked on
-watching maintenance men SPRAY PAINT over mold on the ceilings
-maintenance men coming into the property in the mornings while we were asleep and not making themselves known
-signing onto a lease with total strangers and being held to the entire lease, not just our portion
-An illegal shared electric meter with the tenants below us who eventually refused to pay
-moving out and leaving the place sparkling and still being charged a “cleaning fee” after moving
After moving out, I was working with another rental agency who showed me a house in person, took my application fee, and then told me the owner decided to sell the property AND KEPT THE DEPOSIT ANYWAYS.
Yes, it is THAT bad. Furthermore, the price gouging near campus and in Boone is so extreme that essential workers at the University must often live up to an hour and a half away in Lenoir, Mountain City, and Hickory to afford housing. Senator Deanna Ballard please give this situation a look!
M Hobbs • Apr 26, 2020 at 11:09 pm
I am so glad to see that this is being addressed. I have three sons at App and have had to advocate for unfair practices that were inflicted upon them. They didn’t want to speak to me as I was a parent. Basically refused at first until I had lawyers get involved. Of course then they had to back down and apologize. We’ve had tenants accuse my son of having a pet with absolutely no proof. Again i had to step in. They finally admitted they had been in the wrong apt and had to take the 200 dollar a day fee they charged. They really will try to take students for a ride. Hoping they don’t k know their rights. A bully mentality
Another son was charged late fees because his tomatoes were late paying rent. My son was never late. I had to fight to get that straight. And damages that were there when they moved in were charged to us. We had pictures of move in day so they had to back off of that as well. They were charging over 100 dollars to replace a screen on a window. This David Welsh he rents houses to students. We had a housing inspector come out and inspect the house which was not to code so they backed down again. It sad but you have to protect yourself in the Boone Rental housing market The leasing practices are terrible and housing in Boone is a nightmare. Signing leases in October for the following year is ridiculous. Most freshman haven’t even settled in to college life let alone know of roommates of people to room with. Thanks for standing up to them
Elizabeth • Apr 26, 2020 at 10:32 pm
not only that but they try charging that per head in the house or apartment. I’m now a wife looking for my family to live up there. And that’s ridiculous.
Tiffany Breindel • Apr 26, 2020 at 10:24 pm
Thank you for writing this and to the town council for voting unanimously. I am not a student, but I have rented for 10+ years in the Triangle before moving to Boone and I could not believe the price of places and the shape of these places. After moving into my place (which was literally one of two places available to me within my price range), I petitioned to have the carpets replaced after mold grew on some of my possessions within a couple of weeks of being here. I had to purchase a $200 dehumidifier to prevent further mold issues, and between my housemate and I, we had to pay $200 as part of the replacement/damage fee for the carpet removal. And seeing as the carpet was who knows how old (stained and separating from years of use), we bit the bullet to get it ripped out and replaced with laminate. I also had to agree to sign a 2020-2021 August-July lease in DECEMBER after just signing the 2019-2020 lease in JUNE! That’s 8 months of having to look into the future to determine where I might be at that time… I have just been disgusted with the current property management I have to deal with, Advanced Realty Property Management.