[redacted]Homes & PropertiesRevdex.com[redacted]To Whom It May Concern:Re: 10# [redacted]We are sorry to hear that out of the approximate 150 homes we've managed over thepast 15 years...
that a tenant would be so unhappy that they felt it was necessary tocontact the Revdex.com. In our defense there are many discrepancies in the tenants'accusations.Firstly, from day one, one of the three tenants in the home were argumentative andseemed unhappy in general. Secondly, with the first statement being said, when theowners moved back to the States they secured an apartment in Phoenix. Due to thefact the tenants had only a few more months left to their lease we offered theresidents an early release from their lease, which one of the tenants indicatedworked out for the best. Once they decided that was a in their best interest wemoved forward on the walk through. Several items were pointed out which were in acondition less than when they moved in. When the items were disputed wecontacted our attorney to review the disputes and a formal letter was sent, which Ihave included.Thirdly, we not only have a physical address, which these tenants had previously sentcorrespondence to, but also a P.O. Box. We have a 24 hour answering service alongwith giving our tenants my personal cell number, which all tenants have the option tocontact 24 hours a day. When told they were taking the matters to court ourattorney was more than willing to meet face to face to address any complaints thetenants had. Also included we have the copy of the cashed security deposit refundcheck which was made well within the timeframe allowed by law.[redacted]August 7,2015SENT VIA CERTIFIED MAIL[redacted]Re: Dispute of Move-Out StatementDear [redacted]This Firm is counsel for J & L Exclusive Premisess & Properties, Inc. My client is theproperty management firm retained to manage the residential rental property located at [redacted]. My client is in receipt of your July 22, 2015 letter concerning thedisposition of your security deposit. I have reviewed your letter with my client and am respondingat its request.First, my client's records indicate that you executed a residential lease agreement for the leaseof the above-mentioned residential rental property. By entering into said agreement, you expresslyagreed to be bound by its terms and conditions. Moreover, by entering into a residential leaseagreement you were subject to the rights and obligations owed under the Arizona ResidentialLandlord and Tenant Act ("Act"), A.R.S. §§ 33-1301, et seq. The obligations owed under both theterms of your lease and the Act shall be dispositive in this matter.Second, in your letter you dispute the validity of four charges set forth in your securitydeposit statement. In all, you challenge the assessment for cleaning performed to restore the interiorof the premises, charges associated with the replacement of barstools which were present at the timeyou assumed possession but absent at the time of surrender, charges associated with the replacementof a pool vacuum, and charges related to the re-hanging of window curtains and landscaping. I shalladdress each separately.In terms of the charges related to the cleaning of the premises, you were contractuallyobligated to have the premises professionally cleaned. Rather than retain a professional to clean thepremises, you elected to clean the premises yourselves. In so doing, you neglected to properly cleanseveral areas of the premises including the kitchen and the bathrooms. While your efforts to cleanthe premises were appreciated, they feel short of a proper clean of the premises. As you werecontractually obligated to have the premises professionally cleaned and failed to do so, it was properfor my client to assess charges for said services. There will be no adjustment to the charges assessedfor said cleaning services.Page 1 of 3LAW OFFICES OF ----**
[redacted]
In terms of the charges for the replacement of the bars tools and the pool vacuum, each ofthe items were present in the premises during your tenancy. The bars tools, which you wronglyconclude were left in the premises by a former tenant, were in fact property belonging to the ownerand were intended to stay in the premises throughout your tenancy. Regardless of how or why thesebarstools were misplaced, for which you have supplied a myriad of excuses from they were stolen tothey were inadvertently sent to goodwill, you are responsible for the replacement cost of saidbarstools. The barstools were replaced with comparable barstools from the same merchant whompreviously sold the bars tools to the owner. There will be no concession of this sum.In terms of the replacement cost for the pool vacuum, a similar result is warranted here.The owner placed a pool vacuum in the pool during your tenancy. Regardless of when the mostrecent pool vacuum was placed in the pool, it is not disputed that the vacuum was installed. What isin dispute is how the vacuum disappeared. How the vacuum disappeared is ultimatelyinconsequential as it disappeared while you were in possession of the premises.In your letter you have asserted that the vacuum must have disappeared after you moved outof the home. Unfortunately, no one will ever really know when the vacuum disappeared but yourargument as to your having moved out before it disappeared is not persuasive. You had lawfulpossession of the premises until June 30, 2015. It was my client's expectation that you would remainin the premises through the conclusion of your lease agreement. While you contend that you movedout on June 26, 2015 you did not provide notice to my client that you would be vacating thepremises prior to June 30, 2015. As such, my client was not able to secure lawful possession of thepremises until June 30, 2015 at which point the move out inspection was conducted and the vacuumwas discovered to be missing. Contrary to your arguments, you are responsible for thedisappearance of the vacuum as it is undisputed that it disappeared while you were in possession ofthe premises. My client has invoiced you for the replacement cost of said vacuum. There will be noconcession of this amount.As for the charges related to the landscaping, my client maintains that said charges wereappropriate as you were tasked with the maintenance of the landscaping and failed to properly do soand return same in an acceptable condition at the conclusion of the lease term. However, my clientis willing to deduct the $50.00 owed in this matter for the landscaping and provide the necessaryadjustment to your move-out statement.As for the curtains, you remain liable for the costs associated with re-installing said curtains.Regardless of your personal opinion as to the condition of the curtains at move-in, the curtain rodswere installed at the time you assumed possession of the premises. Shortly after you assumedpossession of the premises, a request was made to take down the curtains and put up curtains ofyour choosing. My client agreed to allow you to take down the existing curtains with theunderstanding that the existing curtains would be re-installed prior to move-out. It appears asthough you overlooked that item and are now attempting to escape responsibility for my client'scosts in re-installing said curtains. My client will not acquiesce to your demands and the charges forthe re-installation of the curtain rods will remain.Page 2 of 3LAW OFFICES OF ----[redacted]------- r.c.Lastly, your demand for treble damages is entirely without merit. My client's recordsindicate that you surrendered possession on or about June 30, 2015 My client remitted the securitydeposit disposition statement within the time period prescribed by A.R.S. § 33-1321. I am certainthat you are in possession of said statement as you have challenged various charges set forth therein.A.R.S. § 33-1321(E) does not provide the remedy of treble damages if the tenant disagrees with thedeductions from the deposit. Rather, liability exists if the landlord fails to make an accountingwithin the time period prescribed by law. I assume, following a more careful review of said statute,your claims for treble damages will be withdrawn.Based on the above, my client will not return your deposit. All charges set forth in themove-out statement, with the exception of the landscaping charges discussed above, will remain ineffect. Any credit to your ledger based on the withdrawal of said claim will be made in short order.Should you have any questions or concerns, please direct them to my attention.Respectfully,[redacted]
CRW/cc: Client
[redacted]Homes & PropertiesRevdex.com[redacted]To Whom It May Concern:Re: 10# [redacted]We are sorry to hear that out of the approximate 150 homes we've managed over thepast 15 years...
that a tenant would be so unhappy that they felt it was necessary tocontact the Revdex.com. In our defense there are many discrepancies in the tenants'accusations.Firstly, from day one, one of the three tenants in the home were argumentative andseemed unhappy in general. Secondly, with the first statement being said, when theowners moved back to the States they secured an apartment in Phoenix. Due to thefact the tenants had only a few more months left to their lease we offered theresidents an early release from their lease, which one of the tenants indicatedworked out for the best. Once they decided that was a in their best interest wemoved forward on the walk through. Several items were pointed out which were in acondition less than when they moved in. When the items were disputed wecontacted our attorney to review the disputes and a formal letter was sent, which Ihave included.Thirdly, we not only have a physical address, which these tenants had previously sentcorrespondence to, but also a P.O. Box. We have a 24 hour answering service alongwith giving our tenants my personal cell number, which all tenants have the option tocontact 24 hours a day. When told they were taking the matters to court ourattorney was more than willing to meet face to face to address any complaints thetenants had. Also included we have the copy of the cashed security deposit refundcheck which was made well within the timeframe allowed by law.[redacted]August 7,2015SENT VIA CERTIFIED MAIL[redacted]Re: Dispute of Move-Out StatementDear [redacted]This Firm is counsel for J & L Exclusive Premisess & Properties, Inc. My client is theproperty management firm retained to manage the residential rental property located at [redacted]. My client is in receipt of your July 22, 2015 letter concerning thedisposition of your security deposit. I have reviewed your letter with my client and am respondingat its request.First, my client's records indicate that you executed a residential lease agreement for the leaseof the above-mentioned residential rental property. By entering into said agreement, you expresslyagreed to be bound by its terms and conditions. Moreover, by entering into a residential leaseagreement you were subject to the rights and obligations owed under the Arizona ResidentialLandlord and Tenant Act ("Act"), A.R.S. §§ 33-1301, et seq. The obligations owed under both theterms of your lease and the Act shall be dispositive in this matter.Second, in your letter you dispute the validity of four charges set forth in your securitydeposit statement. In all, you challenge the assessment for cleaning performed to restore the interiorof the premises, charges associated with the replacement of barstools which were present at the timeyou assumed possession but absent at the time of surrender, charges associated with the replacementof a pool vacuum, and charges related to the re-hanging of window curtains and landscaping. I shalladdress each separately.In terms of the charges related to the cleaning of the premises, you were contractuallyobligated to have the premises professionally cleaned. Rather than retain a professional to clean thepremises, you elected to clean the premises yourselves. In so doing, you neglected to properly cleanseveral areas of the premises including the kitchen and the bathrooms. While your efforts to cleanthe premises were appreciated, they feel short of a proper clean of the premises. As you werecontractually obligated to have the premises professionally cleaned and failed to do so, it was properfor my client to assess charges for said services. There will be no adjustment to the charges assessedfor said cleaning services.Page 1 of 3LAW OFFICES OF ----**
[redacted]
In terms of the charges for the replacement of the bars tools and the pool vacuum, each ofthe items were present in the premises during your tenancy. The bars tools, which you wronglyconclude were left in the premises by a former tenant, were in fact property belonging to the ownerand were intended to stay in the premises throughout your tenancy. Regardless of how or why thesebarstools were misplaced, for which you have supplied a myriad of excuses from they were stolen tothey were inadvertently sent to goodwill, you are responsible for the replacement cost of saidbarstools. The barstools were replaced with comparable barstools from the same merchant whompreviously sold the bars tools to the owner. There will be no concession of this sum.In terms of the replacement cost for the pool vacuum, a similar result is warranted here.The owner placed a pool vacuum in the pool during your tenancy. Regardless of when the mostrecent pool vacuum was placed in the pool, it is not disputed that the vacuum was installed. What isin dispute is how the vacuum disappeared. How the vacuum disappeared is ultimatelyinconsequential as it disappeared while you were in possession of the premises.In your letter you have asserted that the vacuum must have disappeared after you moved outof the home. Unfortunately, no one will ever really know when the vacuum disappeared but yourargument as to your having moved out before it disappeared is not persuasive. You had lawfulpossession of the premises until June 30, 2015. It was my client's expectation that you would remainin the premises through the conclusion of your lease agreement. While you contend that you movedout on June 26, 2015 you did not provide notice to my client that you would be vacating thepremises prior to June 30, 2015. As such, my client was not able to secure lawful possession of thepremises until June 30, 2015 at which point the move out inspection was conducted and the vacuumwas discovered to be missing. Contrary to your arguments, you are responsible for thedisappearance of the vacuum as it is undisputed that it disappeared while you were in possession ofthe premises. My client has invoiced you for the replacement cost of said vacuum. There will be noconcession of this amount.As for the charges related to the landscaping, my client maintains that said charges wereappropriate as you were tasked with the maintenance of the landscaping and failed to properly do soand return same in an acceptable condition at the conclusion of the lease term. However, my clientis willing to deduct the $50.00 owed in this matter for the landscaping and provide the necessaryadjustment to your move-out statement.As for the curtains, you remain liable for the costs associated with re-installing said curtains.Regardless of your personal opinion as to the condition of the curtains at move-in, the curtain rodswere installed at the time you assumed possession of the premises. Shortly after you assumedpossession of the premises, a request was made to take down the curtains and put up curtains ofyour choosing. My client agreed to allow you to take down the existing curtains with theunderstanding that the existing curtains would be re-installed prior to move-out. It appears asthough you overlooked that item and are now attempting to escape responsibility for my client'scosts in re-installing said curtains. My client will not acquiesce to your demands and the charges forthe re-installation of the curtain rods will remain.Page 2 of 3LAW OFFICES OF ----[redacted]------- r.c.Lastly, your demand for treble damages is entirely without merit. My client's recordsindicate that you surrendered possession on or about June 30, 2015 My client remitted the securitydeposit disposition statement within the time period prescribed by A.R.S. § 33-1321. I am certainthat you are in possession of said statement as you have challenged various charges set forth therein.A.R.S. § 33-1321(E) does not provide the remedy of treble damages if the tenant disagrees with thedeductions from the deposit. Rather, liability exists if the landlord fails to make an accountingwithin the time period prescribed by law. I assume, following a more careful review of said statute,your claims for treble damages will be withdrawn.Based on the above, my client will not return your deposit. All charges set forth in themove-out statement, with the exception of the landscaping charges discussed above, will remain ineffect. Any credit to your ledger based on the withdrawal of said claim will be made in short order.Should you have any questions or concerns, please direct them to my attention.Respectfully,[redacted]
CRW/cc: Client