A former tenant has filed a proposed class-action lawsuit against American Landmark, alleging that the corporate landlord’s rent increases, fees and eviction practices violated North Carolina law. The complaint seeks restitution — money returned to tenants — for current and former residents who allegedly were pressured to pay unlawful charges.
Diron Kelly filed the case on Oct. 20 in the U.S. District Court for the Middle District of North Carolina. The lawsuit was brought by Halperin Petersen & Mikkilineni LLP, the North Carolina Justice Center and Kelly Guzzo, PLC. Kelly is seeking additional plaintiffs for the proposed class.
American Landmark owns roughly 30,000 apartments, according to the report about the case, and has a network of large apartment communities throughout the South. The complaint focuses on North Carolina, where the company has a significant presence. It alleges that the company’s operating model extracted potentially millions of dollars from tenants through rent increases, fees and eviction-related actions.
“They really messed everything up,” Diron Kelly said.
Kelly previously lived in a Charlotte, North Carolina, apartment owned by American Landmark. He said the company raised his rent by about $400 and required him to pay fees for amenities he considered frivolous. After he could no longer afford the payments, the company pursued an eviction, according to the report. Kelly said the eviction left him homeless.
What the lawsuit alleges
The case follows reporting that examined American Landmark’s management of large apartment complexes. During an interview, CEO Joseph Lubeck described the company’s “modeling” as assuming that 45% of existing tenants would move out after American Landmark took over a property. The report says Lubeck acknowledged that some residents would not be able to afford the company’s pricing.
“A number of people are not going to be able to afford what we do,” American Landmark CEO Joseph Lubeck said.
The allegations concern more than a single eviction. At least 450 residents faced eviction filings by American Landmark in Charlotte during a six-month period described in the reporting. The lawsuit seeks to establish that the broader business model violated state law and harmed other tenants in similar circumstances.
- Filing date: Oct. 20, 2026
- Court: U.S. District Court for the Middle District of North Carolina
- Company footprint: About 30,000 apartments across the South
The filing represents allegations, not a court finding that American Landmark violated the law. The case also has not been described as having received class-action certification. Its immediate focus is whether Kelly and other tenants can pursue restitution based on the company’s alleged rent, fee and eviction practices.
