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Class Action Regarding Illegal Eviction Fees Certified

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Edward H. Maginnis and Karl S. Gwaltney had a consumer class action case certified on January 15th, 2021. Rebecca W. Holt, Wake County Superior Court Judge, signed the final approval order, ending two years of litigation over illegal eviction fees.

The consumer class action complaint, filed in 2018, alleged that Defendants Kenney Properties, Inc., Kenney Holdings, LLC., Kenney Reality Services, LLC., Gresham Park, LLC., & Autumn Pointe Apartments charged tenants illegal eviction fees in North Carolina.

When the management companies filed eviction complaints, they also charged tenants for the fees incurred for evicting them. Our firm alleged these fees violated North Carolina’s landlord/tenant statutes. The first fee was a $96.00 eviction complaint filing fee. The second, was a $30.00 service fee and, subsequently, an attorney’s fee.

As part of the final settlement, the Defendants agreed to pay sufficient money such that each of the tenants who are part of the Collection Letter Class will receive approximately $380.00. The tenants who are part of the Eviction Fee Class will receive approximately $420.00.

Both Ed Maginnis and Karl Gwaltney are extremely pleased with the result.

If you have any questions about our firm’s representation of consumers in North Carolina, please do not hesitate to contact us.