Re: Lynch to Dodd

Mr. Faraj,

Thank you for your reply, but I must say that I was shocked with your allegations. The only bad faith that has been demonstrated throughout this transaction is by your client who continued to breach the Lease he signed month after month by paying the rent late and then not paying it at all. He continued to show bad faith when he made representations that you would be holding a security deposit in your escrow to address any issues that arose from the walk through and then you never confirmed that you had the money nor was there any intention on your client to forward the money to you. There was no intention on your client's part to pay anything for any damage or issues that arose during the walk through. It appears this was your client's mode of operation. Your point that my client should have demanded the late payment fees at the times that they were late and he didn't, that he waived those late payment fees is misleading. Ask yourself the question, how was one to get the late payment fee when one couldn't even get the monthly rent payment that was due under the Lease each month on time. It never would have been paid. Your client knew that he was at fault and that is why he failed to pay the May and June rent.

Your statement that your client disputed the length of the lawn is ridiculous in that the conversations never took place. In addition, the fact that your client believes he left the house in a better condition upon departure than upon rental is ludicrous. The laundry room and bathrooms were filthy, the lawn was unkept and there were about 30 light bulbs burnt out. I would have thought you would have risen above this nonsense and worked in good faith in resolving the issues, but obviously, I was mistaken.

Well, you might consider this matter closed, but my client will pursue whatever actions he deems necessary.

Very truly yours,

Lynne Mulcahy

Lynne U. Mulcahy, Esq.

336 Main Street

P.O. Box 1005

Bedminster, NJ 07921

Tel: (908) 234-9327

Fax: (908) 781-6210

lumulcahy@aol.com

-----Original Message-----
From: Haytham Faraj <haytham@puckettfaraj.com>
To: lumulcahy@aol.com
Sent: Mon, Jul 11, 2011 8:34 am
Subject: Lynch to Dodd

Dear Ms. Mulcahy,

I am on vacation until the 26^th. 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. Doddâs 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 clientâs 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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