June 05, 2002~~11:57 p.m.
An Open Letter to FagPosse Land Co.
So I wrote a glorious letter to FagPosse Land Company and we were all set to mail it, when my lawyer strongly advised me not to. He said that it would look bad in front of the judge later on when Maria begins her law student career and I finally end mine with a bang in front of the small claims court. I reluctantly agreed. I guess deep down, that I knew he would say that I had been too wordy, not nearly concise enough and a bit on the sarcastic side (who me?) and that I should rewrite my composition when I cc'd him on my email to Maria, but when he actually proved that Dads always DO seem to know what the hell to do, it was a bitter, bitter pill to swallow. But only briefly, because I then realized that Maria and I would, by God, be heard. This letter would go down in My Documents in flaming infamy. Yes, the people would hear our cries. Our hilarious and well-written cries. O let the fun begin... Dear FagPosse Land Company, Unfortunately, due to the inappropriate and unprofessional behavior on the part of our landlord, LimpNoodleSteve, we are forced to communicate not by telephone any longer, and instead, by letter. Here, we will document the events that took place on Friday, May 31, 2002 upon our moving out of our apartment at in Sacramento, California. This correspondence should be taken as sufficient explanation for why we are requesting a full refund of our $700 deposit, which was paid last June to and which is now your responsibility to return to us due to your acquisition of our former apartment complex during our lease term. To begin, although several events took place during the preceding few months which indicated to us Mr. LimpNoodle�ss lack of professionalism and concern for our well being, this letter is not addressing those instances. However, were it not for poor task-management on the part of Mr. LimpNoodle when we were in need of a replacement hot water heater and left to take bitterly cold showers for weeks as well as his lack of empathy or timely reconciliation of said problem and later, an apparent lack of concern or awareness of our impending May 31 move out date, we might not be so intent on bringing to light his behavior last week. The issue here is that we believe our apartment to have been left in as good or better condition than when we moved into it, as evidenced by the move-in sheet of which Mr. LimpNoodle has a copy, indicating several problem areas in the apartment including carpet stains, torn linoleum, missing blind slats, etc. However, upon doing the walk-through with Mr. LimpNoodle, we learned (only after extensive pressure for Mr. LimpNoodle to disclose the information) that Mr. LimpNoodle did not find the apartment to be in such condition. Because we believe that we fulfilled the requirement set forth in both our apartment lease and the check sheet sent to us by FagPosse Land Company for move-out requirements, it is our desire to be refunded our full deposit of $700. The following occurred last Friday which indicates to us not only FagPosse Land Company�s intention to withhold part or all of our deposit (to be applied to repairs and services on portions of our former apartment) but also Mr. LimpNoodle�ss utter lack of desire to allow us to reconcile any discrepancies in our opinion of a �clean� apartment and his own. We had an appointment to meet with Mr. LimpNoodle at 4 p.m. on Friday afternoon of May 31, the final day of our lease term, in order to walk through the premises and discuss any issues or problems with the state of the apartment. We had spent the entire day cleaning the apartment and carrying out the tasks set forth in abovementioned move-out sheet per FagPosse Land Company�s policy and request. Mr. LimpNoodle arrived close to 4:30 p.m. to our appointment, only after we called him at his office to see if he had forgotten our agreement. Our phone call was met with annoyance and disrespect. Once Mr. LimpNoodle arrived, he proceeded to walk around the apartment, taking digital photographs. During this time, he did not say a word to either of us or to our friend Ryan who was also present at the time and witnessed the events and conversations of the day. We helpfully took it upon ourselves to point out a mildewed spot on the carpet where it appeared that the apartment was having a plumbing leakage. This cheerful comment was met with grave silence. When it appeared that Mr. LimpNoodle did not regard the stove to be in a clean condition, it was mentioned to him that Maria had spent a great deal of time scouring the element trays with steel wool in a valiant attempt to clean them of their grime; grime which was present upon our moving into the apartment. Again, this comment, informing Mr. LimpNoodle that although the stainless steel trays appeared dirty, they were in fact clean, was met with silence. At this point, Lauren asked if we could discuss any blatant problems that Mr. LimpNoodle saw in the appearance of the apartment, so that we would have a decent idea of what we might be charged for and how much of our deposit we would be getting back. Mr. LimpNoodle told us that he could not discuss the problems he had found; that he had no way of knowing what the apartment had looked like when we moved into it, and thus, he couldn�t give us a rough comparison. We then offered to let him look at our move-in sheet which had a listing of the problems present in the apartment upon moving in, but Mr. LimpNoodle was not interested. He told us to fax over the move-in sheet, because he did not have a copy, and that only then could he determine what discrepancies there might be. Again, we offered to discuss it at the current time, in consideration of convenience. We were flatly denied. We were then advised to include with the move-in sheet, our new forwarding addresses for when our deposit check would be refunded. As Mr. LimpNoodle put it, �If we don�t have your new address, we�ll send the check here and it will take forever to get to you.� We were a bit confused as to why our own landlord would send a refund check to an address at which we most obviously do not live any longer. Shortly thereafter, we proceeded to exit the apartment, still without any indication from Mr. LimpNoodle of anything specifically wrong with the premises. At this point, Lauren and Mr. LimpNoodle began another conversation regarding the possibility of having him put quickly in writing the issues he noticed in the apartment. She was concerned that not only did Mr. LimpNoodle have the only pictures of the state of the apartment at this time, but he also had their $700 deposit at his full disposal to spend on potentially frivolous repairs to an already shoddy living space, and that neither Maria nor she had in writing, anything indicating what they may be responsible for. At this point, Mr. LimpNoodle flatly denied the possibility of even making a few short notes as to what was wrong with the apartment. He said that it was �not our policy to discuss this at this time.� When asked why not, he simply replied, �It�s just not our policy.� When pressed further regarding this seemingly strange �FagPosse business policy� he reiterated that �we just don�t do this� continually getting more and more heated at Lauren�s mere requests and questions. At this point, Lauren tried to explain calmly her concern that FagPosse would spend her deposit money on unnecessary repairs to the apartment, when the specifications for move-out had already been met. Mr. LimpNoodle said again that he would not discuss it at this time, but that they could discuss it at his office at FagPosse Land Company. If indeed, FagPosse Land Company has a formal �policy� to not discuss the state of a property upon tenants moving out so as to properly inform them of how much they will be charged for any repairs or cleaning, it may be wise of the property management to change said policy. Not only is this unfair, it is a blatant disregard and violation of tenants� rights under California property codes. However, according to the FagPosse Company website, the exact opposite is stated and prospective renters are informed that FagPosse in fact practically guarantees a smooth and problem-free move-out. It appears, therefore, that Mr. LimpNoodle is in need of a refresher course on FagPosse Company policy. The fact that the only thing being asked of Mr. LimpNoodle was for him to quickly make a few written notes regarding necessary repairs does not indicate a need for such blatant hostility and refusal to comply with our simple requests as tenants with money on the line. We were also told that as property managers, FagPosse does not �make money on the move-out� and the only people who make money are the ones who are hired to do the repairs and cleaning, indicating that we should put our trust in their �fairness� (fairness we have yet to see evidence of) to spend or not spend our money. We were told later, in Mr. LimpNoodle�s office again, that FagPosse does not make money on the move-out, rather, they lose money when tenants move out. We were told that the only money FagPosse collects is a management fee. We would argue that not only is this claim a bit unbelievable, said management fee thus appears to be money FagPosse makes on a move-out, thus negating their very own argument. There does not appear to be any other likely reason as to why Mr. LimpNoodle would be so adamant about not giving us a chance to get our deposit back in full unless he and/or FagPosse were to profit from it. During this conversation, we were also told that we could �take issue� with any charges for repairs once we had received the remainder of our deposit. We believe that Mr. LimpNoodle was, at this point, trying to pacify us into submission in hopes that we would actually not �take issue� with the charges put upon us. In addition, at the future date when charges would already have been made, negotiating them would be out of our immediate control and frankly, unlikely to be refunded. Mr. LimpNoodle likely figured that we would �give up� once we had at least �some money� back in our possession. Mr. LimpNoodle was, unfortunately, as sadly mistaken as he was inefficient. It serves to reason that the most appropriate time to discuss potential charges would be before the charges are made. The likelihood of receiving a refund on arguable charges from FagPosse Land Company is, in our minds, only slightly greater than nil. Upon meeting with Mr. LimpNoodle in his office, where we were joined by another employee of FagPosse Land Company, we were informed that due to our not having a receipt for a professional steam cleaning service for the carpets, the oven being �dirty�, the mini-blinds being dirty and broken and the bathroom having a water stain on the linoleum, the apartment was not considered to be in adequate shape for us to receive our full deposit. Mr. LimpNoodle then agreed that if we were to fax a written confirmation from our former landlord, Jan, at M&M Properties, vouching for the fact that the mini-blinds were in poor condition at the time we moved in, then we would not be charged the estimated $30 for their cleaning. When we learned that it would cost approximately $60 to have someone come clean our �dirty� oven, we offered to clean it ourselves at that very moment. We were met with a determined refusal and were told that due to it being only a few minutes until FagPosse closed for the weekend, this was not a possibility, unless we were willing to pay to have possession of the apartment keys for another 3 days (a cost that would ultimately be greater than the $60). We were also told that without a receipt for the carpet cleaning, we would be charged for the professional service that FagPosse would arrange. We were then told accusatorily that due to our �leaving the shower curtain open when showering� we had contributed to the water spot on the bathroom floor and would be charged to have that fixed along with the potential of having to tear out part of the bathroom drywall to make the repair. Because we were given verbal approval by Mr. LimpNoodle that, in the event we could provide written verification from M&M Properties as to the poor and dingy state the mini-blinds were in upon moving in we would not be charged the $30 for cleaning, we do not take issue with this problem. However, several of the other issues we find to be the responsibility of FagPosse Land Company and not our own, as they fall under the category of �normal wear and tear� on the premises as discussed and outlined in California property statutes. Because it was a term in our lease to have the carpets steam cleaned upon moving out and we signed that document, we felt it was not appropriate to argue with this requirement. However, let it be know that we are aware that it is in violation of California law to require a tenant to pay for the cleaning of the carpets in such a manner, as it is deemed �normal wear and tear� and is thus, the responsibility of the landlord as stated under law. At any rate, the carpets were, in fact, steam cleaned, as required, and this fact is likely apparent in the pictures Mr. LimpNoodle took of the property. Nowhere in the lease or FagPosse�s move-out sheet did it specify that the tenant was required to provide a receipt for a professional steam cleaning service. Mr. LimpNoodle seemed to ignore the fact that the carpets were in better condition when we moved out than they were when we moved in, and that we had already paid to have them cleaned, despite not having a receipt for verification. It appeared that he did not trust our �word� regarding the steam cleaning similarly to how he indicated we should trust FagPosse to spend our deposit money appropriately. Let it be known that the carpets in our former apartment looked to be at least 10 years old and were worn and were already permanently stained. Any steam cleaning of any kind was an improvement to them and a cost which we absorbed without argument. We are not discussing Berber floor covering here or other carpeting of high price and value. If FagPosse Land Company is so concerned for the carpeting in our former apartment, it is hereby advised that the best plan of action would be to replace them all immediately. The fact that we will likely be charged for the replacement of the trays which sit underneath the elements in the stove is also a point of consternation. Not only does the stove date back to the Nixon Administration, but also the elements are in need of replacing and the stainless steel trays that sit beneath them were encrusted with years of oil laden cooking and heat. Maria worked at cleaning them until the steel wool fell apart. Those trays were as clean as they would get. We will not pay to have them replaced. The issue of the ludicrous $60 stove cleaning is also a huge annoyance to us. Not only were we denied the option of cleaning the stove ourselves in order to save this astronomical cost to clean an oven that was only mildly dirty, if at all, but Mr. LimpNoodle blamed it on the lack of time until closing. However, if Mr. LimpNoodle had been on time to our appointment and had he mentioned the dirty stove to us while we were standing right next to it, we may have been able to remedy that issue long before the clock struck 5:45 p.m. Mr. LimpNoodle later argued during a subsequent phone call that a walk through is not a time for tenants to �find out what is wrong and then fix it.� He argued that we had been provided with a check sheet and were responsible for cleaning the items listed. We argue alternately, that for what other reason is a walk-through done than to attempt to fix and clean all necessary elements of the apartment? Why else would we care to be present for the walk through? Why else would we be so concerned as to what Mr. LimpNoodle thought of the presentation? Why wouldn�t it be our utmost goal to attempt, to the best of our ability, to fix any and all problems possible so as to be guaranteed the return of our full deposit? In not allowing us the opportunity to fix something as minor as a crumb-laden stove, Mr. LimpNoodle not only cheated us out of $60 but he violated our rights as concerned tenants. Lastly, the water stain on the bathroom linoleum is not our responsibility. Mr. LimpNoodle made it sound like we purposefully allowed the water to leak out onto the floor as well as indicated that we had some control over the fact that the tub leaked. Not only is this accusation bogus, but considering the abnormal amounts of problems we had over the course of our tenure at 1812 H #7 due to faulty and inadequate plumbing, it is hardly surprising to discover yet another problem. While we lived in that apartment, we kept a rug directly next to the tub. If the water that leaked out during showers could have been prevented from making a stain on the linoleum, we tried everything in our power to do so. In addition, if this was a problem that was our �fault� as Mr. LimpNoodle seemed to think, would logic not indicate that the spot would be much larger and perhaps even apparent in other areas of the linoleum? Water spots on old, decaying floors are the responsibility of the landlord, not the tenant. And we find it hard to believe that in order to fix the linoleum, one would need to rip out the drywall in the bathroom as well. It appears that Mr. LimpNoodle needs both a lesson in landlord-tenant law as well as a quick course in construction methods. Lauren placed a call to Mr. LimpNoodle on Monday, June 3, 2002 in hopes of discussing amicably, our predicament. She stated that it was not her intent to argue over things, but that she hoped we could come to an agreement. She stated that the amount of money in question is likely only a few hundred dollars and that although relatively small, it is a lot of money to us. She was met with Mr. LimpNoodle�s poor attitude and unprofessional manner. He stated that he did not have time to discuss the issue any further and that the walk through was not a time for tenants to have the opportunity to fix any noticeable problems. She calmly asked if he had �time� for small claims court, and was answered with a resounding �yes.� She was then told that Mr. LimpNoodle was planning to hang up the phone and asked if it was okay with her that he does so. She answered in the negative but was promptly hung up upon. In conclusion, we believe our apartment to have been cleaned and repaired according to the specifications in our lease and the requirements set forth by FagPosse Land Company. We are requesting the refund of our deposit in the full amount of $700 to be sent to the address provided Mr. LimpNoodle at his office on May 31, 2002. We are requesting this refund in the agreed upon time frame of within 21 days of moving out, thus, on or before June 20, 2002. In the event that we receive a check for less than $700, we are prepared to file suit against FagPosse Land Company for breach of contract in small claims court for the amounts charged against the deposit. According to your company website, you state that "we are available during both the move-in and move-out inspections to answer questions and help prevent any misunderstandings or conflicts regarding your security deposit� and �we are true professionals when it comes to handling tenant problems�have been in business in this area for 35 years� can help you through most any tenancy problem.� We hope you will stay true to your word and your proclamations and will carefully consider the actions of LimpNoodleSteve illustrated here in the face of a few minor requests. We trust you will come to the most timely and cost-efficient solution for all concerned and that we can settle this problem affably. Sincerely, The Heroines of this Sordid Landlord-Tenant Tale
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