Legal Letter Homework Rewrite

Hi John,

According to NY General Obligation Law §§7-103 - 7-109, you are unlawfully withholding my security deposit.

Cleaning penalty:

First of all, the night before I move out on June 27th, I spend 2 hours cleaned my bedroom inside out and also mopped the floor. I recorded a video after cleaning with a time-stamp as an evidence. I am not aware how you managed to collect all the dust from pictures you send me. You failed to mention the refrigerator was cleaned by Yilin, another tenant who lives in this apartment, thus it cannot be used as an evidence as an uncleaned apartment.

In addition, as you mentioned in your last email, Steven and Yilin moved out without being charged for cleaning fee because "both of them left their rooms super clean." I have cleaned up my bedroom and Yilin is the eye witness. You may see her supporting statement in attachment. Yilin and I cleaned both the kitchen and bathroom WITHOUT any help from Steven, and I was not the last person moved out from this apartment (Yilin moved out on June 28th) thus it is unreasonable to charge cleaning penalty solely on me, as one of three tenants in this apartment.

I have neither seen a written expectation of cleanness from you prior to the last day of my rental period nor seen any itemized statement about the cleaning penalty ($110) from you.

I suggest you return this part of my deposit, the "Cleaning Penalty" that's unlawfully withholding by you. If you have direct evidence of the cleanness of my room prior to your "cleaning" process, please attach as attachments as well as an itemized list on the cleaning penalty.

Mattress penalty:

The mattress penalty you charged me is unreasonable as well. In the sublease contract I received from you prior to my move in, according to term 11, "The furniture, appliances, and other items in the common areas belonging to the Tenant are permitted for use by the Subtenant. The Subtenant is expected to return these at the end of the sublease term in essentially the same condition as they were in the beginning, taking into account normal wear and tear." The mattress you referred to in you last email does not belong to the common area, it was locating in my bedroom. Legally you do not have the right withholding $250 from my security deposit. However if you are willing to return the $110 for the cleaning penalty you are withholding from my security deposit, I am willing to offer you $100 as a compensation towards the mattress.

If you insist the mattress values $250 or your friend is willing to pay $250 for the bed, please attach your evidence in response as attachments, examples are:

1. A proof of purchase or a store receipt with the entire bed listing as purchased items that shows a purchasing price as $250 or above, must have a time-stamp PRIOR to my move in to this apartment (May 11, 2016).

2. An evidence that shows your friend is willing to pay $250 and above for your bed, she is fully aware of the bed's condition and willing to pay such amount. Must include a time-stamp PRIOR to May 18th, 2017, the first time you informed you will be selling the bed.

Last, it appears that you are not storing my security deposit in a separate bank account. According to New York Consolidated Laws, General Obligations Law - GOB § 7-103, the security deposit must be stored at a banking institution that has a location within the state of New York. The deposit must not be commingled with any personal money of the landlord and the landlord must not attempt to use the money from the security deposit as if it is his or her own. As your requested previously, I send both my security deposit and monthly rent to the same bank account with the same account number. I also did not receive a notify of receiving the security deposit in writing, giving the name and address of the banking organization in which the deposit of security money is made, and the amount of such deposit.

Please return my security deposit of $265 on or before August 31st, 2017 in the form of a direct deposit to my bank account with Citi Bank. I hope it is your intention to return the justified amount of my security deposit as required by law. If you feel that you are entitled to retain any portion of the deposit, you must provide me with an itemized statement of all charges. If you attempt retain my deposit without adequate reason, this letter is the first written notice of my intention to pursue my claims to the entirety of the security deposit. I reserve the right to promptly file this case in a New York City small claims court.

You may reach me by directly replying back to this email address.

Sincerely,

Jane Doe