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 _______________________ WASHINGTON DC METRO The Law Firm of Puckett & Faraj, PC 1800 Diagonal Road Suite 210 Alexandria, VA 22314 703-706-0442 Phone 202-280-1039 Fax DETROIT METRO The Law Firm of Puckett & Faraj, PC 313-457-1390 Phone 202-280-1039 Fax The information contained in this electronic message is confidential, and is intended for the use of the individual or entity named above. If you are not the intended recipient of this message, you are hereby notified that any use, distribution, copying of disclosure of this communication is strictly prohibited. If you received this communication in error, please notify Puckett & Faraj, P.C. at 888-970-0005 or via a return the e-mail to sender. You are required to purge this E-mail immediately without reading or making any copy or distribution. |