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Westdale Brentmoor Eviction Fees Settlement

Settlement Structure: Claims Made

Active: Open

Case Summary:

This settlement resolves a class action against Westdale Brentmoor, LLC and Westdale Asset Management, LP, which do business as Westdale Properties America I, Ltd. and Westdale Asset Management, respectively. The complaint alleged that these companies unlawfully charged or threatened to charge certain fees when filing eviction actions against tenants at their apartment complexes. These may have included complaint filing fees, sheriff service fees, and attorneys’ fees.

Also, if tenants had not paid the rent in full by around the sixth of the month, the companies sent letters that improperly threatened to charge the tenant such fees. The complaint alleged that the companies violated the North Carolina Residential Rental Agreements Act and other state laws.

Docket Number:

5:19-cv-142

Company: Westdale Brentmoor, LLC

Filing Deadline: April 12, 2021

Class Period: February 28, 2015 to June 25, 2018

Objection Deadline: April 12, 2021

Exclusion Deadline: April 12, 2021

Final Approval Hearing: May 14, 2021

Proof of Purchase:

Collection Class members should submit a claim form if they wish to receive cash benefits and/or a Stipulation of Dismissal. Eviction Class members do not need to file a claim form to receive only Eviction Class benefits, but they do need to file one if they wish to receive Collection Class cash benefits and/or a Stipulation of Dismissal.

Eligibility:

You may be eligible if you are a member of either of the following classes:

Collection Class: Natural persons who, at any point between February 28, 2015 and June 25, 2018, lived in any of the properties in North Carolina owned or managed by the defendants in this case, and who received a letter saying that you would be charged eviction fees when a summary ejectment order was filed against you or that you owed eviction fees.

Eviction Fee Class: Natural persons who, at any point between February 28, 2015 and June 25, 2018, lived in any of the properties in North Carolina owned or managed by the defendants in this case, and who were charged and paid eviction fees.

Eviction Fee Class members are also Collection Class members.

Typical Settlement Amount:

Cash benefits: (1) Collection Class: Up to $50 per collection letter received, with a maximum of $150. You must provide the month and year each letter was received. (2) Eviction Fee Class: Up to $485 for each time you were charged and paid eviction fees; also up to $150 for Collection Class Claims. Final amounts depend on the number of valid claims received. Both classes can also receive a waiver of certain debts to the companies.

Non-cash benefit: You may also submit a claims for to receive the Consent Motion to Set Aside Judgment for Possession and Stipulation of Dismissal.

Total Settlement Amount: $1,502,900.00 in cash and $339,137.00 in debt relief

Class Representative Proposed Incentive Fee:

$2,500

Law Firms:
Maginnis Law PLLC
Whitfield Bryson & Mason

Claim Form: Westdale Brentmoor Eviction Fees Settlement Claim Form

Case Name: Medina, et al. v. Westdale Brentmoor, LLC, et al.

Settlement Website: Westdale Brentmoor Eviction Fees Settlement Website

Claims Administrator:
CPT Group Inc.

Claims Administrator Contact Information:

Medina, et al. v. Westdale Brentmoor LLC, et al.
Settlement Administrator
c/o CPT Group Inc.
50 Corporate Park
Irvine, CA 92606
1-888-416-3246
ncwdblandlordtenantclassaction@cptgroup.com

Tags: Eviction Fees, Eviction Letters, Landlord/Tenant Dispute, Real Estate