Ok, here’s the letter I’m sending out today or tomorrow, what do you think ???
I am writing you in regards to my former residence, the apartment at 2403 Collier Crest in the Collier Park Apartment Complex. Although I was unable to reach you directly via the telephone, I left several messages stating my stance on the matter of the move out charges you sent to me. I also was in contact directly with the staff at Collier Park regarding the matter. This letter is simply a written rehash of that meant as a hard copy for both of our records going forward.
As stated in my messages, I do not feel I am responsible for paying any of the charges you have billed to me. As well as having two witnesses who were in the apartment with me the day I moved out, I took a video of the entire apartment moments before locking the door for the final time and dropping off the keys. I believe those witnesses and the video will very plainly support my following statements. I will address the charges individually from here:
The Stove Drip Pans: It is my understanding that the general wear and tear lifespan of these drip pans is only a few years. Even if I were responsible for paying to replace the drip pans, it would be a pro-rated value that subtracts the lost value of the original drip pans based on their age. I lived at the apartment for 21 months, and as such I suspect the drip pans (which were not new when I moved in) were past their expected lifespan. Furthermore, upon speaking with several landlords (both inside and outside of Ohio) I found that most replace the drip pans regardless of need every time there is a new tenant without charging the previous tenant for their cost. I also must point out that the fair market value of drip pans (as I found via several local retailers) is roughly $12, well below the $25 you have charged me.
The Kitchen Drawer: Several days before I moved out a repairman from your company visited the residence to repair the shower faucet for me. I unfortunately do not remember his name, though I can describe him if you’d like (most prominently I remember he had a large tattoo on his calf). While the repairman was in the residence I showed him the drawer. I told him that I had the tools required to repair the drawer (a drill, screw driver, and several small screws), and asked if I would be charged for the drawer if I left it as it was. The repairman examined the drawer, and then told me that I didn’t need to worry about it. He said (and I’m paraphrasing here) that it was clearly a repair job the previous company had done that had simply failed, and that they would repair it and I would not be charged for it whatsoever. Based upon this statement from your repairman, I left the drawer as it was found at the time of move out.
Going beyond the repairman, even if I had blatantly broken the drawer and not inquired to its repair prior to moving out; the wear and tear lifespan again must come into play here. The drawer in question was clearly the original drawer installed when the apartment complex was built, I believe back in 2004 (I know there was a resident in the apartment at least that long ago). That would put the drawers age at 8 years. I again suspect this is well outside the expected lifespan of a drawer, meaning the cost to me should have been nothing.
I also must question the need to replace a drawer that could be repaired by any person with a power drill and a few screws. In the video I captured of the apartment prior to moving out I very clearly examined this drawer, and I believe the video will support the fact the drawer did not need to be replaced at all.
The Carpeting and Pad of the Entire Apartment: With regards to this charge I again would like to question the need to replace the carpet at all. I spoke to my witnesses at great length about this, and reviewed my video multiple times to examine the condition of the carpet. While I could be in agreement that the carpet quite likely would have required a good vacuuming and carpet cleaning (which would have been covered under wear and tear), it was not in my opinion in such a state that it needed to be replaced before a new tenant moved in.
Going beyond that statement though; I again must bring up the expected life span and wear and tear of the carpet. In my research I found that carpet can have a valued life span of 5–10 years. When charging a former tenant the cost of replacing the carpet, the landlord must account for the devaluation that would have occurred anyways with regular aging. I lived on the carpet for 21 months (nearly two years) and it was not new when I moved in. I inquired with the staff at Collier Park to find the last date on which the carpet was replaced, and no information to this fact could be found on site. I went further and contacted Crawford-Hoying (the former property manager who relinquished control of the property to your company a few months prior to my moving out) at their local offices, and inquired with several people there (including the former Collier Park property manager), and they were unable to find any information about the date the carpet was last replaced either. It is my understanding that without this information, a small claims court will find that you have no grounds upon which to charge me anything for the carpet.
Furthermore, I paid an additional $35 per month for a pet fee. It was stated to me upon moving in that this fee was towards the wear and tear damage that my pet would incur upon the apartment (including the carpet). The final cost I paid in this fee would come to $735. I also again have to point out that the fair market value for the roughly 550 square feet of carpet in the apartment is well below the roughly $1100 you have billed me.
Conclusion: Please be aware that if you take this matter to small claims court, I am fully prepared to retain legal assistance and confront you on the matter in that arena. I have few doubts that a judge/arbiter will find me to me not responsible for any of the charges you have billed me, and I am completely comfortable defending myself on the matter in front of one. Should this matter be reported to any credit agencies as an outstanding debt (without being further resolved in court), I will be retaining a lawyer for the purposes of pursuing a lawsuit against your company (or whomever reports the debt). If you would like to contact me regarding this issue, please feel free to do so at your earliest convenience. While I am comfortable speaking to you on the telephone regarding the matter, given our mutual busy schedules and the official nature of our communications, regular mail or e-mail will likely prove the most fruitful. Thanks for your time,
Sincerely,
Sorry if the format didn’t copy/paste perfectly. Any suggested additions/subtractions/rewordings/etc???