Tenants of apartment communities run by American Landmark Management in North Carolina may be covered by a proposed class action alleging the landlord charged mandatory technology and credit-reporting fees, inflated reconnect fees, attorney fees for eviction cases it never filed, and other charges North Carolina law does not allow. No class has been certified and there is nothing to file yet.
Allegations Only · No Settlement Yet
This article describes a proposed class action complaint. The statements below about American Landmark’s fees and practices are unproven allegations. The defendants have not been found liable, they have not yet responded in court, there is no certified class, and there is nothing to claim at this time. This page is informational and is not legal advice.
What Is This About?
Two North Carolina tenants filed the proposed class action on October 20, 2026 in the U.S. District Court for the Middle District of North Carolina. The case is Hindman v. American Landmark Management LLC, No. 1:26-cv-01229. It names American Landmark Management LLC, a Tampa-based apartment owner and operator, and the two companies that own the apartment complexes where the plaintiffs lived: Conrad at Concord Mills POE LLC, owner of The Conrad in Charlotte, and Cadence at Cates Creek POE LLC, owner of The Cadence in Hillsborough. The complaint describes all three as part of the Electra Real Estate Ltd. family of companies.The complaint asserts claims under the North Carolina Residential Rental Agreements Act, the state’s Unfair and Deceptive Trade Practices Act and the North Carolina Debt Collection Act. The defendants have not yet responded, and no judge had been assigned as of the filing date.
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What Does the Lawsuit Allege?
The complaint alleges that American Landmark added fees to North Carolina leases that either are not allowed under state law or cost tenants far more than the services behind them. According to the complaint:- Credit reporting fee: tenants were automatically enrolled through a lease addendum in a rent-reporting product, RentPlus, for at least $8.95 a month, with a difficult opt-out. The complaint alleges the product was described as reporting only on-time payments and that the fee brought the landlord revenue beyond its cost.
- Technology fee: a mandatory cable and internet package of about $100 a month, labeled “additional rent” in a technology addendum, which the complaint says exceeds what the service costs the landlord. When rent was late, the complaint says the service was disconnected while the fee kept being charged.
- Reconnect fee: $75 or more to restore that service, compared with a $25 reconnect charge stated in one plaintiff’s lease.
- Attorney or legal fees: under a policy described in the complaint, tenants who had not paid by about the 10th of the month were told an eviction case would be filed and were billed a lump sum labeled attorney or legal charges, sometimes when no case was ever filed, and in one example about $1,000 on a balance under $2,000.
- Appeal penalty fees: late fees and past-due notices that continued while a tenant appealed an eviction judgment after signing an undertaking and making the required payments into court.
- Eviction penalty fee: a charge of twice the monthly base rent, billed as an early-termination fee under a lease buy-out addendum after an eviction judgment. The complaint says that addendum is an option a tenant chooses and does not apply to evictions.
The complaint also alleges that the defendants used monthly bills, past-due notices, emails, texts, letters and a third-party debt collector to collect these fees. It cites eviction-filing data it says show Landmark-managed properties in Mecklenburg County averaged 50 filings per 100 units in 2025, and The Conrad 63 per 100 units, compared with a statewide rate of 12 filings per 100 renter households in the 2025–2026 fiscal year. None of these allegations has been proven.
What Does North Carolina Law Say?
North Carolina’s Residential Rental Agreements Act limits the fees a residential landlord can charge in connection with an eviction case, known in North Carolina as summary ejectment. As the complaint describes it, N.C. Gen. Stat. § 42-46 allows a landlord to pass on only actual out-of-pocket costs, such as court filing fees, service of process and reasonable attorneys’ fees actually incurred, with attorneys’ fees capped at 15% of the amount the tenant owes. The complaint also relies on § 42-34, which addresses rent and fees while a tenant appeals an eviction judgment, and on the state’s unfair trade practices and debt collection laws.Similar eviction-fee class actions have been brought against other North Carolina landlords, including a case against Greystar that OCA covered. Each case turns on its own facts.
Who Is in the Proposed Class?
The complaint proposes several classes of people who, in connection with a residential lease in North Carolina within the four years before the case was filed, were:- Junk fee class: charged a technology fee, credit reporting fee, reconnect fee or eviction penalty fee by American Landmark;
- Attorney or legal fee class: charged attorney or legal fees when no eviction case was filed against them, or charged more than 15% of the amount owed in connection with an eviction case;
- Appeal penalty fee class: charged late fees after agreeing to an undertaking while appealing an eviction judgment; or
- Debt collection class: sent a bill, statement, ledger or past-due notice claiming they owed any of those fees.
Each class has subclasses for tenants who signed leases with the owners of The Conrad and The Cadence. No class has been certified; the court decides that later in the case.
The complaint says American Landmark operates nine properties with more than 3,000 units in North Carolina. American Landmark’s website lists these North Carolina communities: 8 Metro Station, Celsius Apartment Homes, Conrad at Concord Mills, Latitude at Mallard Creek, The Bellamy and The Murray in Charlotte; Cadence at Cates Creek in Hillsborough; The Elliott in Concord; and The Kendall in Indian Trail.
What Are the Plaintiffs Asking For?
The complaint seeks class certification, a declaration that the fees are unlawful, an order stopping the defendants from charging and collecting them, refunds of fees paid, treble damages under the unfair trade practices law, civil penalties of up to $4,000 per violation under the Debt Collection Act, punitive damages, interest, and attorneys’ fees and costs. It estimates the disputed fees exceed $5 million across the class.What Happens Next?
The defendants will respond to the complaint, often with a motion to dismiss. If the case survives, the parties exchange evidence and the plaintiffs can ask the court to certify the classes. There is no settlement, and no money is available. Any recovery would come only through a settlement or judgment, with its own court-approved notice and process.Questions
What is the American Landmark class action about?
Hindman v. American Landmark Management LLC, filed October 20, 2026 in the Middle District of North Carolina, alleges that American Landmark charged North Carolina tenants unlawful technology, credit-reporting, reconnect, attorney, appeal and eviction fees and used debt collection methods that state law forbids. The defendants have not been found liable and have not yet responded.
Which apartment communities are involved in the American Landmark lawsuit?
The complaint names The Conrad at Concord Mills in Charlotte and The Cadence at Cates Creek in Hillsborough, whose owners are also defendants. The proposed classes cover tenants charged the fees in connection with any residential lease in North Carolina, and American Landmark’s website lists nine North Carolina communities.
Can American Landmark tenants get money from the lawsuit now?
No. The case is at the complaint stage, with no certified class, settlement or judgment, so there is no claim form or payment. Money would become available only through a settlement or a judgment for a certified class.
How much can a North Carolina landlord charge in eviction attorney fees?
As the complaint describes N.C. Gen. Stat. § 42-46, a landlord may recover only actual out-of-pocket costs in an eviction case, including court filing fees, service of process and reasonable attorneys’ fees actually incurred, with attorneys’ fees capped at 15% of the amount the tenant owes. The complaint alleges American Landmark charged legal fees when no case was filed and above that cap.
Sources
• Class Action Complaint (October 20, 2026, Dkt. No. 1), Hindman v. American Landmark Management LLC (M.D.N.C.)• Docket, Hindman v. American Landmark Management LLC, No. 1:26-cv-01229 (M.D.N.C.)
• N.C. Gen. Stat. § 42-46 (permitted fees in residential leases)
• American Landmark communities list
