Day 19: Sent The Letter Demanding Payment of $186.18

Don’t have a ton of time right now to paste the whole thing, but it is basically a minimally-edited version of the draft I had up on Whazzmaster some time ago.

I included a list of the items that I thought were unreasonable and will upload that when I have some spare time. The bottom line was that I added up $1,423.99 in unreasonable charges (including the crazy floor estimate). If you subtract that from the $1,237.81 that Steve says we owe him, it leaves $186.18 due to us.

I sent it Priority Mail with Delivery Confirmation. I didn’t want to have him sign for it because in all likelihood he will refuse any further mailings, thinking that he is being served with a lawsuit.

So, next steps: if he pays us our money everything will be right in the world. I doubt this will happen, so the question becomes: how will he respond to the threat of litigation in small claims court. My best guess is that he will ignore the letter and send the amount to the collection agency anyways. If he thought he could win in court, he would have just threatened to sue us for the balance anyways. The fact that there was no explicit or implicit threat of court action (he instead just said that he would turn over the amount to a collection agency if we didn’t pay) means that he probably knows his bogus “estimate” wouldn’t get far in front of a judge. I’m guessing he will not respond in any way to the letter, leaving the onus on myself to initiate court action. If that is indeed the case Mr. Misrack, I’ll be seeing your fat ass in court.

As an aside, I was walking through the Oakridge Mall parking lot when I saw a cream Lexus SUV with gold trim. Steve drives a car like that. In addition, the car had a license plate that said “REALTOR”. Steve is a realtor. I was very close to kicking a large dent in it for good measure, but chose to keep on walking.

offtopic: i will be posting a video game review of Donkey Konga real soon. the short take: it is awesome as awesome can be.

–whazz on

8 thoughts on “Day 19: Sent The Letter Demanding Payment of $186.18

  1. If I’m reading all of this correctly…that means you’d be out $1813.82 of your security deposit, right? Where did all of that go?

    And why the hell was the security deposit so much?

  2. The $1813.82 went towards such nebulous things as cleaning ($300), carpet cleaning ($410), repairs ($510), final month of utilities ($373), and the part of the floor that was actually damaged ($360). The security deposit was so much because we were renting a 3000-odd sq ft house whose rent was $2395 a month. When we rented a $1550/mo apartment, the security deposit was $1200 and they took $900 of that when we moved out for “cleaning”. Here’s the thing: most landlords clean up (no pun intended) when you leave beceause they know you won’t fight back, and even if you wanted to, most people can’t because they didn’t take pictures, keep receipts, etc.

  3. Ok, I can understand the floor (I guess) and utilities, and maybe the repairs (although it’s hard to say without knowing what they are), but cleaning and carpet cleaning? WTF? Isn’t that their *JOB* as landlords to clean up after someone leaves? And didn’t you say you guys *already* did a bunch of cleaning?

    Fuck, how much does it cost to clean an empty house?

  4. You should send the letter to him via Certified Mail before you start any court action. Even if he refuses it you will have proof to take to court that you did send him a letter. Either way it will benefit your case because you can then show the judge that you have attempted communication, and thus attempted to settle outside of court.
    Not only that, but if you make him sign for it at his work he’ll know you’re serious and shit a brick.

  5. Actually, the guy at Project Sentinel (Sunnyvale Tenant Resource) said that Certified Mail is a bad way to go since Steve would probably think he is getting served with a lawsuit and wouldn’t sign for it. I was told that the best way is through Registered Mail or by serving it to him in person. I do have a receipt of the mailing along with delivery confirmation. I hope that is enough to prove I sent it and he got it. By the way– no response from him as yet.

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