15120 Sequoia Ave. #5 Tenant: Jarvis

Posted: February 2, 2009 in Misc Stuff
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Dear Raymond and Dorothy Garcia,

The purpose of this letter is to inform you that we, Jennifer Jarvis and Scott Jarvis officially vacated unit/apartment #5 at 15120 Sequoia Ave. on January 31st, 2009.  Jennifer surrendered all keys and garage door openers to your acting manager located in unit/apartment #14.  Though both Rosa and Ruben where absent when Jennifer arrived, these items were left with one of their family members.  Jennifer demanded and received a written note from this person stating that the aforementioned items were delivered.

Prior to us moving out we took extra care in cleaning the apartment that we occupied for the period of 15 months so that it would be in at least the same condition we received it in.  You will find however that that we have left unit 5 a little cleaner than it was when we first saw it in November of 2008.  During our stay, the apartment received no damages as a result of our tenancy and any damages, blemishes, or wear and tear you view when walking through the apartment where there prior to our occupation of the apartment, as is evidenced in the damage sheet we filled out just prior to moving into the unit.

As an addendum to my comments about the condition of the apartment both pre and post occupation, I would like to make light of several facts:

  • The carpet in apartment #5 is at least several years old and was not replaced prior to our moving into unit #5.  Additionally we noticed right away that the carpet had been spot dyed in several areas in an attempt to make it look as though it was not as old as it was/is.  The condition the carpet is in currently is a result of years of human traffic and not unreasonable carelessness or deliberate misuse on our part.  We have left the carpet exactly as it was when you and Dorothy showed us the unit.
  • The stove in apartment #5 shares some commonality with the carpet in that it too was several years old and had seen better days before we ever occupied that apartment.  The condition it’s in now is as it was prior to our tenancy.
  • You will notice that there are several patches on the walls of apartment #5.  This is because we patched up small holes in the wall that came to be as a result of hanging pictures etc.  These tiny holes fall under the category of natural wear and tear and not the negligence, carelessness, accidental, or abusive categories.  The walls need only to be painted which you do before each new tenant moves in.

As you may have guessed this letter’s primary purpose is not to notify you of the condition of apartment #5 or the procedure of our move out but rather to notify you of our expectations in regards to the $1200.00 deposit that we gave you when we moved into unit #5.  As we have left unit #5 in better condition that it was when you rented it to us, we expect our deposit to be returned in full.  If for some reason you feel that repairs or cleaning outside of normal wear and tear is necessary you may only deduct from our security deposit the amounts that are reasonably necessary to clean the premises for the next tenant, repair damages that we caused beyond normal wear and tear, and pay any rent we owed but did not pay.  Painting the unit, having it vacuumed, and having the floors mopped are not legitimate deductions.  If such is the case you are legally required to provide us with a list and this list must itemize each amount, time spent, hourly rate, the name and contact information of the person who did the work, and what was done, and be accompanied by receipts and other documentation showing exactly where our money went.  Again, because we left unit #5 in better condition that it was when we received it, we expect and will settle for nothing less than the full amount of the deposit.

We felt it necessary to inform you of our intentions surrounding our deposit so that there were no surprises down the line.  California law states that landlords have 21 calendar days from the date a tenant vacates and apartment in which to deliver either the deposit or an itemized list showing deductions from the deposit.  Should you choose to ignore our request and should we not receive our deposit from you in full within that time frame (February 21st, 2009) we will pursue legal action immediately.

Please note section “g” under Civil Code Section 1950.5 that states:

“No later than 21 calendar days after the tenant has vacated the premises, but not earlier than the time that either the landlord or the tenant provides a notice to terminate the tenancy under Section 1946 or 1946.1, Section 1161 of the Code of Civil Procedure, or not earlier than 60 calendar days prior to the expiration of a fixed-term lease, the landlord shall furnish the tenant, by personal delivery or by first-class mail, postage prepaid, a copy of an itemized statement indicating the basis for, and the amount of, any security received and the disposition of the security and shall return any remaining portion of the security to the tenant.”

You underestimated us when you asked us to be the “eyes and ears” of the complex and where shocked when we demanded that we sign a contract before we assumed the duties for that job.  You underestimated us a second time when we told you that you were in breech of contract by ignoring the terms of the aforementioned contract, and fired us without either cause or a 30 day notice.  You underestimated us once more when you reneged on your rental offer of $995.00 per month and expected us to believe that your “business partner” was not going to allow that deal to stick.  You underestimated us one final time when you told Jennifer “go ahead, I know you don’t have the money to move out”. You’re record with us thus far is 0-4, do you really want to underestimate us again? Though you’ve stated we are trying to play by our own rules, that statement would be inaccurate.  We are simply trying to play fair and want to be treated fairly in turn, treatment that you obviously know little about.  With regards to our deposit we once again wish only to be treated fairly.  You have consistently showed us and other tenants that you believe you hold all the cards and are not only above the law but extremely arrogant as well.

If there’s one thing you need to know it’s this.  Just because we live in a neighborhood you consider “ghetto” or low class, we are far from the unintelligent, uneducated, naïve, unmotivated, and classless people you seem to think we are.  If you feel we are out of line in asking for the full amount of our deposit by all means do nothing or send us an itemized list and wait to receive your legal summons. I’m sure you’ll enjoy driving out to and spending the day in Hesperia waiting for our case to be called and heard.  Having worked for you and having been neighbors with Danny, we know exactly what type of person and landlord you are and we know precisely how you operate, and deliberately try to cheat good tenants out of their deposits (among other things) by playing on the naivety and fears of tenants.

We hope that you will do what’s right and abide by the laws that fall under Civil Code Section 1950.5: Landlord’s Use of Security.  The choice is yours, however you will want to note that we have both pictures and video of the apartment in pre and post occupation states that clearly show there was no abusive or negligent damage caused by our tenancy.  A copy of this letter along with the pictures can be found at the following web address:

https://scottrocks123.wordpress.com/2009/02/02/15120-sequoia-ave-5-tenant-jarvis

Additionally we will be sending you a copy of this letter via registered mail.  Please do not waste our time with phone calls, bargains, etc.  You are incredibly dishonest persons and we are not interested in anything you have to say.  We will allow a judge out here in Hesperia to decide who’s right.

Sincerely,
Scott and Jennifer Jarvis

Pictures and video are listed below

15120 Sequoia Ave. #5
Tenant: Jarvis

The following are compilations of both videos and images taken of the unit at the aforementioned address immediately after vacating the unit. The unit was left in a better state than it was when it was rented out to us.

Images
Please click thumbnails for full sized photos

Video Walkthrough 1 (Jan. 31, 2009)


Video Walkthrough 2 (Jan. 31, 2009)


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