Tenants still living in Lake Arbor Apartments return to court

Updated: Oct. 15, 2019 at 5:42 PM EDT
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CHARLOTTE, N.C. (WBTV) - Tuesday morning, tenants of the Lake Arbor apartments in West Charlotte were back in court. Many of the tenants in court earlier this month were granted two more weeks by a judge to find a place to live.

In those two weeks, some of the tenants moved out and their cases were dismissed and others decided to settle with Lake Arbor.

Tenant Marie McKinney tells WBTV she is not settling and is fighting to keep an eviction off her record.

“I was kind of upset, because here I go again, missing another day at work," McKinney said after court.

She is still living at the Lake Arbor Apartments and on Tuesday she said she needs more time.

“I’m waiting on a card to come in the mail gonna take 10-to-15 days,” she said.

She said as soon as she gets a new credit card she will be able to move into a new apartment she applied for.

According to lawyer Erik M. Rosenwood of Rosenwood, Rose and Litwak, PLLC., The Lake Arbor Apartments need to be empty by December 31. In a statement to WBTV he said:

“Lake Arbor’s goal is to avoid having to evict anyone. Lake Arbor’s strong preference is that residents participate in the assessment process or negotiate mutually-agreeable move-out dates with office staff. However, there are still a number of residents who have not been willing to elect either of those options, and as to those residents Lake Arbor intends to proceed with court-ordered evictions.”

Property manager Andrea Wright testified in court Tuesday that she sent multiple notices of lease termination to McKinney. Her lawyer, Carl Burchette, said McKinney owes more than $8,000 in rent.

McKinney argued she only received the first notice and she paid rent until there was no one in the office to pay.

“Don’t look at me like I’m staying off of you all rent-free, and I’m not," she said.

Arguments in court surrounded the lease, which is something her fiance Anthony Caldwell says was a lie to begin with. He is upset because he says the complex promised amenities that they never got and refused to maintain their apartment, making it unsafe to live in.

“There’s no way this woman would have entered into the contract knowing she wasn’t going to receive anything in the contract,” Caldwell said.

The judge chose not to enter a possession judgement because, she said, it would hurt McKinney’s chances in finding a new place to live.

She is giving McKinney an extension to vacate Lake Arbor by November 4.

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