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dmason7

Letter to Landlord

Nov 28th, 2017
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  1. To Whom It May Concern,
  2.  
  3. Per your request, I am writing you a letter to dispute the move out summary I received via
  4. certified mail on October 17, 2017.
  5.  
  6. The charges on the summary are as follows:
  7. $156 cleaning fee
  8. $550 for paint
  9. $500 blinds
  10. $260 damage fee (Which I called to inquire about and found out that this fee was assessed for
  11. water damage to the counter top due to the improper sealing of a seam)
  12.  
  13. I did a very thorough, deep cleaning of the apartment before moving out including, but not
  14. limited to: wiping and sanitizing the fridge, wiping all the drawers and cabinets, cleaning the
  15. grate in front of the air filter, wiping all of the baseboards, cleaning and sanitizing all of the
  16. bathrooms and kitchen, and vacuuming and carpet cleaning all floors.
  17.  
  18. If you feel the use of a professional cleaning service was warranted, then please reply with a
  19. detailed explanation and photographic evidence to the state of uncleanliness of the apartment.
  20. Failing that, a copy of the signed lease agreement with a clause for using the deposit to pay for
  21. a professional cleaning.
  22.  
  23. Additionally, when I initially spoke with #{NAME_REDACTED} about returning my painted walls back to their
  24. original state I was told, and I quote, “any wall you have painted needs at least 2 coats” and
  25. that I “can get the paint details from the office (myself)”. I did exactly that. I found out from the
  26. office the exact color and brand of the paint used to paint my townhome. I then went out and
  27. bought paint, out of my own pocket, and spent hours painting the walls back to their original
  28. state. I also went out and purchased brand new blinds for any of the blinds that were bent, had
  29. slats missing, etc. Water damage to the cheap, laminate countertop due to the installer
  30. improperly sealing the seams is not my responsibility, nor could it have been avoided by me
  31. unless I never cleaned my countertops.
  32.  
  33. For the purposes of this letter, it would benefit you to consult the 2017 Colorado Revised
  34. Statutes, specifically Title 38, Article 12, Part 1, but I have quoted the applicable sections below:
  35.  
  36. 38-12- 103. Subsection 1: No security deposit shall be retained to cover normal wear and tear.
  37. In the event that actual cause exists for retaining any portion of the security deposit, the
  38. landlord shall provide the tenant with a written statement listing the exact reasons for the
  39. retention of any portion of the security deposit.
  40.  
  41. 38-12- 102. Subsection 2: “Normal wear and tear" means that deterioration which occurs, based
  42. upon the use for which the rental unit is intended, without negligence, carelessness, accident, or
  43. abuse of the premises or equipment or chattels by the tenant or members of his household, or
  44. their invitees or guests.
  45.  
  46. 38-12- 103. Subsection 3a: The willful retention of a security deposit in violation of this section
  47. shall render a landlord liable for treble the amount of that portion of the security deposit
  48. wrongfully withheld from the tenant, together with reasonable attorney fees and court costs;
  49. except that the tenant has the obligation to give notice to the landlord of his intention to file
  50. legal proceedings a minimum of seven days prior to filing said action.
  51.  
  52. 38-12- 103. Subsection 3b: In any court action brought by a tenant under this section, the
  53. landlord shall bear the burden of proving that his withholding of the security deposit or any
  54. portion of it was not wrongful.
  55.  
  56. Based on my calculations, I am owed $575.04 of my $850 deposit back.
  57.  
  58. I am a busy woman, with both my children and career taking up a significant portion of my
  59. time, so this letter is a good faith attempt to resolve this matter out of court. Should it come to
  60. it, however, I am confident that my testimony, along with video and photo documentation will
  61. prove #{APT_COMPLEX} to be in the wrong.
  62.  
  63. Please discuss this letter detailing this dispute of the move out summary with Evelyn and get
  64. back to me as soon as possible, so I may know how to proceed.
  65. Thank you for your time and attention in this matter.
  66.  
  67. Sincerely,
  68. biker4487's girlfriend
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