FARGO — A Fargo man has been evicted from his apartment after Goldmark Property Management said he didn’t pay renters insurance and late fees for which the company charged him.
But the tenant has purchased renters insurance through a third-party provider for years, and he says the rental company has proof of it.
Robert Boelke appeared Friday, Oct. 4, in Cass County District Court, ready to fight an eviction complaint filed Wednesday by Goldmark. Goldmark claimed in the complaint that he hadn’t paid $413.97 in “rent and late fees.” Boelke pays $1,040 a month to rent an apartment from Goldmark, the complaint said.
“I had no idea what it was about,” Boelke told The Forum Thursday. “Why am I owing them that much money?”
Boelke, who has lived in the Prairiewood Meadows apartment complex at 137 E. Prairiewood Drive S. since 2019, said he got a ledger from the Goldmark main office that showed the late fees.
“I found out what they’re billing me for was renters insurance,” he said.
A ledger filed with the court documents shows Goldmark charged Boelke $11 a month for the insurance starting in March. The company then started charging him $80 a month in late fees, plus the insurance charge, because he didn’t pay for their insurance.
“This is where all these fees are coming from,” he said.
Goldmark requires its tenants to have renters insurance that would cover at least $100,000 in damages. Residents either can purchase the insurance through Goldmark or provide documentation that they have insurance through an outside agency.
If residents don’t provide proof of insurance, the leases tenants sign say they will be charged $11 a month for Goldmark’s insurance. The leases also say tenants agree to pay late fees.
Goldmark attorney Krista Andrews noted in court that Boelke signed such a lease.
Boelke showed The Forum documents that show he purchased renters insurance through State Farm starting in 2019, or three years before Goldmark started requiring the coverage in June 2022. He said he gave that paperwork to Goldmark in April.
In court, Goldmark Fargo regional manager Amanda Erdmann said the company did not have Boelke’s proof of insurance.
Goldmark never sent Boelke bills for the renters insurance, nor did he get documents that lay out the renters insurance policy, he said Thursday. He was served a notice of eviction on Sept. 6, then a court summons on Sept. 24, he said.
“The first time I ever knew about this renters (insurance) is when I got this,” he said as he held up the eviction notice.
It’s not the first time Goldmark wrongfully charged Boelke additional fees, he said. The same ledger shows late fees because he didn’t pay a month-to-month fee of $75 from June 2022 into October of that year.
Boelke signed a long-term lease with Goldmark, meaning he shouldn’t have been charged the month-to-month fee, he said. It took Goldmark almost a year to fully reverse the late fees, he added.
“They’re doing the same thing now with this thing here, but now they’ve taken it to where they’re going to evict me if I don’t pay it,” he said.
Boelke said he tried to contact Goldmark multiple times to resolve the issue.
“Now, they don’t even want to talk to you,” he said.
After the Thursday interview with Boelke, Erdmann told The Forum she couldn’t comment on a specific resident’s situation. She deferred questions to Goldmark Marketing Director Simon Andrys, who did not return a message left by The Forum.
Boelke said he received a call from Erdmann after The Forum contacted Goldmark. She asked him if they could resolve the debt before going to court on Friday, he said Thursday.
Erdmann confirmed Friday in court that she called Boelke Thursday afternoon in an attempt to resolve the issue. She said she asked for a copy of his insurance, claiming he refused.
Boelke said in court he couldn’t provide the insurance documents because he was at work.
“I was at work ’til 1 o’clock in the morning,” he said.
When Boelke asked why Erdmann waited to return his calls until 16 hours before the hearing, she said it is common practice to reach out to tenants before an eviction hearing in an attempt to resolve the issue.
Boelke said the eviction will cost him more than just late fees and his home. On top of the late fees and renters insurance costs, Goldmark asked Judicial Referee Scott Diamond to award the company $500 for its attorney fees, along with other costs incurred because of the court process.
He also had to take time off from work to attend the court hearing, he said.
“At $40 an hour, I’m losing $320 just for eight hours and then on overtime another $120,” he said. “I’m losing $440 just to be in court.”
Diamond ruled in favor of Goldmark, saying there was no evidence presented in court that Boelke provided Goldmark proof of insurance. The judicial referee also gave Boelke five additional days to move out.
“I can’t believe this,” Boelke said as he left the courtroom.
