An action to recover on an open account is one usually based on an implied or oral contract. Ordinarily, it is not necessary to specify all the individual items that make up the account balance due. Some jurisdictions authorize a short form of pleading that allows a copy of the written statement to be attached, specifying only that a certain sum is due the plaintiff from the defendant. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Title: North Carolina Complaint by Owner of Real Estate for Accounting and Payment of Amount Due from Property Manager Keywords: North Carolina, complaint, owner of real estate, accounting, payment, amount due, property manager Introduction: In North Carolina, property owners rely on property managers to handle various aspects of their real estate investments. However, situations may arise where the property owner suspects a property manager of negligence or improper handling of finances. In such cases, the property owner can file a complaint demanding accounting and payment of the amount due. This article provides a detailed description of the various types of North Carolina complaints filed by owners of real estate for accounting and payment from property managers. 1. Non-Compliance Complaint: This type of complaint arises when a property owner believes a property manager has failed to comply with the agreed-upon terms of financial management, such as correctly documenting rental income, expense receipts, and failing to provide regular financial statements. 2. Lack of Transparency Complaint: If a property owner suspects a property manager of lack of transparency in financial matters or hiding pertinent financial information, they may file a complaint requesting a detailed account of all transactions, payments, expenses, and income related to the property. 3. Late or Non-Payment Complaint: When property owners experience delayed or missing rental payments from tenants, they can file a complaint against a property manager who may not have promptly collected or forwarded the payments, thus breaching their fiduciary duties. 4. Mishandling of Funds Complaint: This type of complaint arises if the property owner discovers misappropriation, unauthorized use, or improper handling of the property's finances by the property manager, which can include failure to deposit collected rent, co-mingling of funds, or using funds for personal purposes. 5. Negligence or Incompetence Complaint: In instances where a property owner believes a property manager has demonstrated negligence or incompetence in financial management, resulting in financial loss or damage, a complaint can be filed demanding the necessary accounting and payment. 6. Breach of Contract Complaint: When a property manager fails to fulfill the stipulations laid out in the property management agreement, such as not providing regular accounting documentation or disregarding agreed-upon financial procedures, the property owner may file a complaint for breach of contract. Resolution Process: When a complaint by an owner of real estate for accounting and payment of amount due from a property manager is filed in North Carolina, the applicable parties will typically follow a resolution process, including mediation, negotiation, or even legal action if necessary, to ensure a fair resolution and the recovery of any outstanding amounts owed. Conclusion: North Carolina property owners have the right to file a complaint against property managers who fail to provide proper accounting and payment for amounts due. Whether the issue relates to non-compliance, lack of transparency, late or non-payments, mishandling of funds, negligence, incompetence, or breach of contract, owners can seek the necessary remedies through a detailed complaint process and subsequent resolution procedures to address and rectify any financial mismanagement by property managers.
