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company won't pay deposit! -NV

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weezlpeep

Junior Member
What is the name of your state? Nevada

This is a formal letter I'm about to send the company I rented my apartment at... please tell me if I'm forgetting something or if I shouldn't take this to the small claims court and if there's another way around this! THANK YOU IN ADVANCE!

Monday, May 5, 2008

To Whom It May Concern:

My name is ----- and I lived in Apartment 309 at ------ in an apartment complex called -----. I started a contract with the company from ---- Till ----- , that makes a total of six months.
In the beginning I had to pay a cleaners fee of 250 dollars and deposit 300 dollars. The 300 hundred dollars were supposed to go back to me after the contract had ended.
A contract is supposed to satisfy the tenant to the point that he or she feels confident on signing it. Your manager, Teresa, made me feel that way about you so I signed without a problem.
Months later my apartment started having problems, which I immediately reported back to the company and to Mrs. Teresa. The problems were never completely fixed and my complaints increased. The AC stopped working, half of the house didn’t have proper electricity or none at all, the water heater wouldn’t work and sometimes there wasn’t even water! The kitchen didn’t work so I couldn’t cook, and I had to make trips to friends’ house in order to take showers.
Landlords have the responsibility to maintain residential rental property and repair any defects or problems. There is an implied warranty of habitability; that is, a landlord not only must deliver residential rental property to the tenant in a habitable condition, but s/he remains responsible for maintaining the property in a habitable condition during the term of the lease.
These are no conditions for any human being to live, and I constantly talked and complained to Mr. Eduardo to actually find a solution for me, I did not want to leave because I liked where I lived, I just didn’t like the way I was being treated.
This went on for MONTHS and no solution was ever found. They switched me from apartment 309 to apartment 311, where there were also problems with the electricity, then, I formally told your Manager, Mrs. Teresa, my wish to leave the complex completely ONE MONTH before the contract was over.
Not only that but also another tenant moved in to my apartment (309), and you charged him rent, this terminates the contract immediately. You as a company should know that if another tenant has moved in and is paying the full amount of rent, the first tenant’s obligation is ended!
Three months have gone by, and according to Mrs. Teresa, she gave you the new information about my new residency. According to the contract, after three months a check of the deposit would have arrived in my mail already, and it didn’t.
I called Mrs. Teresa and she has told me that you, as a company, are not willing to return MY deposit money that I paid with the good will that I would get it back.
You not only did not comply and respect what the contract said; you did not make the environment where I lived a suitable one for human beings. If you do not find a solution for all the problems you have caused me, I will sue the company for the money they owe me and for personal damages and prejudice. I will make sure the courts know about the environment you make your tenants live in. I have proof AND witnesses of all the things you made me go through. I really don’t want it to go there, but if you do not comply in 10 days, I will sue. Please find a solution AND A JUST AND HONEST way to repay the money I willingly gave you.
 


Zigner

Senior Member, Non-Attorney
A few points...

Do you have proof that you informed the LL, IN WRITING, of any problems?
When you moved from 309 to 311, your lease went with you. It doesn't matter who moved in to 309.
Keep your emotions out of this. Don't speak of "discrimination" or "personal damages".
 

weezlpeep

Junior Member
no, but I do have witnesses and the Manager could testify... (thx for telling me to keep my emotions out of it...) I want to know if my case is good enough to go to court!
 

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