My landlord just jipped me for nearly $250 out of my deposit so I decided to post this letter I wrote to him in reply. He apparently didn't know who he was dealing with, and I can't wait to hear his reply. I've removed any of the identifying stuff in case any of you people are bat-shit crazy axe murderers or something.
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(ADDRESS OMITTED)
Mr. Trenda,
My name is Seven Bates. From April 2004, to October of 2005 I was a tenant of your (OMITTED) I occupied unit 6. The manager of your apartments who signed our original lease, Jeanne, provided us with excellent service during her tenure there. Your new manager, Paula, has also been quite helpful and very accommodating in her duties. For the most part, we've enjoyed our time there.
It is for that reason that I am quite discouraged after receiving such a heavily deducted security deposit on December 1st.
The total amount of the deposit left for unit 6 was $450. Your itemized refund of the deposit, shows that you have charged me for cleaning of the apartment, full paint, and the replacement of stove drip pans.
I'm afraid you have made a mistake in this assessment, and demand an immediate refund of the remaining deposit, amounting $242.24. You will return this to me within 10 days of receiving this letter or you will find yourself in small claims court where I will file for, and be awarded, an additional $600 in punitive damages.
I am not one of the uneducated tenants you're used to stealing from. I know the law, and work in real estate management myself. I know what laws you have broken here, and I have video-taped and signed affidavits evidence to submit to the courts supporting my claim that you have willfully denied me the balance of my deposit. You are not allowed to charge me for the cleaning of this apartment, unless it was left in a state that was less clean than when I moved in. Upon our entering the unit for the first time, your manager apologized profusely about the condition of the apartment. She explained that she didn't have time to properly prepare the unit for new tenants, and that things such as the carpet were not up to the standards she desired. She made notation of these points in the rental agreement.
On our final walkthrough, your current manager, Paula, remarked continuously about the cleanliness of the unit. I have her on video, stating that she though we had painted the walls because they looked so white. She also says, on tape, that she would move into the unit if she were a potential tenant, because it was so clean. She continued to say that while she knew the company policy was to send a cleaning crew to the unit after we had left, that she couldn't see what they would have to do and that this unit was significantly cleaner than what she is used to handling. Upon viewing of this tape, any claims you have that the unit was in a state that could be argued as "less clean" than when we moved in, will seem ludicrous.
The laws of this state do not provide you with any legal grounds to charge me for the painting of the unit, regardless of how dirty you claim it was. You know this, and I know this. The judge who will see this case if my $242.24 is not refunded to me in 10 days of receiving this letter, will also know this. The drip pans fall under the condition of normal wear and tear items such as counter tops, paint, doorknobs, window latches, wear of the carpet, and flooring. It is not the responsibility of the tenant to pay for items fall under normal wear. This isn't that ambiguous and you know that the drip pans were used when we moved in This is a cost you are responsible for, not the tenant. Any judge who will see this case will be furious that you even attempted to charge me for these, especially after your credibility has been shot upon viewing of my video-taped evidence.
Please heed my warning because I am also one of the most influential voices in this city when it comes to housing authority thanks to my close relationships with numerous county, city, and state officials who preside over this specific area of civil service. I know you have deducted these charges from previous tenant's deposits, and can show a pattern of willful misconduct in your handling of these affairs. The $600 in punitive damages will be filed and awarded because I will show how your willful illegal deduction of $242.24 from my deposit, negatively effected my finances at an inopportune time.
Do not mess with me. I will make this a lot more difficult for you than a simple day in court. I have in my possession the proof that you have intentionally pocketed these funds, and have systematically configured your residential management procedures to allow you to do this at (OMITTED). You have tenants who have lived at (OMITTED) for a long time, and will testify that this is how you do business. Do not force my hand into turning you in.
Again, I demand you refund my $242.24 within 10 days of receiving this letter. I have included my forwarding address below.
Thank you,
Seven Bates
(ADDRESS OMITTED)
December 10, 2005
Dusting off...
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