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RE: Lynch to Dodd



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From: Haytham Faraj [mailto:haytham@puckettfaraj.com]
Sent: Monday, July 11, 2011 8:35 AM
To: lumulcahy@aol.com
Subject: Lynch to Dodd

 

Dear Ms. Mulcahy,

I am on vacation until the 26th.  I wanted to send a brief response to your letter by email because I am not at my office. 

 

Mr. Dodd disputed the lawn care matter at the time of the inspection.  According to Mr. Dodd, he did not admit that the lawn was not properly maintained.  Mr. Dodd specifically told your client that he disagrees with your client about what the proper length of the lawn should be.  With respect to the late payment matter, I find your demand odd and your client acting in bad faith.  The demand for late payment fees corroborates Mr. Dodd’s fears that your client would make some bad faith claim to keep his deposit.  Even if Mr. Dodd were late in making payments, your client should have demanded payment of a late payment fees immediately, not wait until the tenant leaves.  If he did not make the demand, then he waived any fees due to him.  Moreover, the month of May and June cannot be late because your client violated the terms of the lease agreement that he provided Mr. Dodd.  The agreement specifically states that  your client is required to inform Mr. Dodd in writing of the account where the deposit funds will be deposited and the interest rate to be earned.  A failure to do so, allows the tenant to use the deposit funds as rent.  Your client’s letter failed to notify Mr. Dodd of the interest rate to be earned.  Accordingly, your client breached the very lease he created and provided to Mr. Dodd.  Mr. Dodd, therefore, used the deposit funds as rent as it was his right to do.  I consider this matter closed.

 

I hope your client drops this demand.  The house was returned in a better condition than it was  provided.  Your client received all funds due to him.  Making frivolous and petty claims is time consuming wasteful and in bad faith.

 

Best to you.

 

Sincerely,

 

Haytham Faraj, Esq.

PUCKETT & FARAJ, PC

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