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THANK YOU FOR YOUR PREVIOUS INFORMATION. IT WAS VERY HELPFUL. UPDATE: WE NEGOTIATED A TIME EXTENSION AND MOVED OUT BY AUGUST 5, 2013. WE HAVE RECEIVED A LETTER VIA CERTIFIED MAIL THAT THE NEW PROPERTY OWNER WILL BE APPLYING OUR ENTIRE SECURITY DEPOSIT IN THE AMOUNT OF $4,300.00 TOWARDS REPAIRS OF THE UNIT.
THREE QUESTIONS: ONE, OUR EXPIRED LEASE STATES THAT WE RECEIVED A BUILDING IN "FIRST CLASS CONDITION," AND IT WAS OUR RESPONSIBILITY TO MAINTAIN IT THAT WAY. THIS IS TRUE PER THE LEASE, BUT THE KICKER IS THAT WE DID NOT RECEIVE THE BUILDING IN "FIRST CLASS CONDITION" AS THE LEASE STATES. THIS IS BECAUSE WE IMMEDIATELY ESTABLISHED RAPPORT WITH THE PREVIOUS, NOW DECEASED LANDOWNER, AND, FOR EXAMPLE, AS SHE COMPLAINED ABOUT THE THEFT OF THE COPPER TUBING FROM THE HVAC UNITS, WE VERBALLY STATED SHE DID NOT HAVE TO MAKE THAT EXPENDITURE ON OUR ACCOUNT, AND SO THE HVAC UNITS NEVER WORKED IN TWELVE YEARS. ADDITIONALLY, AS SHE WAS ABOUT TO REPLACE THE FLOORING, WE STOPPED HER STATING THAT WE WOULD BE PERFORMING REPAIRS DUE TO THE NATURE OF OUR BUSINESS, AND NO NEW FLOORING WOULD BE NECESSARY. THE ACRYLIC LIGHT PANELS WERE NEVER INSTALLED FOR THE SAME REASONS, AND THE PANELS THEMSELVES WERE LEFT IN A CLOSET FOR INSTALLATION (THEY ARE SIMPLY DROPPED OVER THE ALUMINUM LAMP FRAMES). FORWARD TO 2013. THE NEW PROPERTY OWNER IS STICKING TO THE ORIGINAL LEASE AND DEMANDING WE BE RESPONSIBLE FOR THE REPAIR/MAINTENANCE OF THE HVAC, THE FLOORING, AND HE FORWARDS BILL COPIES ALONG WITH HIS CERTIFIED MAIL LETTER. IN ADDITION, HE FORWARDS A BILL FROM A HANDYMAN IN WHICH THE HANDYMAN QUOTES, IN OUR OPINION, ABSURD AMOUNTS FOR UNNECESSARY WORK PERFORMED, EG, THE ACRYLIC LIGHT PANELS, ALL 28 OF THEM, WERE REPLACED, PER THE INVOICE, TO THE TUNE OF $100.00 A PIECE. AGAIN, THE ORIGINAL PANELS WERE THERE, AND SECOND, EVEN IF THEY HAD TO BE REPLACED, HOMEDEPOT.COM LISTS THE SAME PANELS FOR $9.76 FOR ONE MATERIAL AND $6.97 FOR ANOTHER MATERIAL. SECOND, THE HANDYMAN IS CHARGING $500.00 TO INSTALL TWO DOORS WHICH WERE ALSO THERE AND COULD HAVE BEEN REPLACED ON THEIR HINGES IN ABOUT 5 MINUTES (THESE DOORS WERE ALSO NEVER INSTALLED SINCE WE MOVED IN).
ALL THIS LEADS TO QUESTION TWO: CAN WE DISPUTE THE AMOUNT THE NEW PROPERTY OWNER IS CHARGING? THE CHARGES IN OUR OPINION SEEM SO PATENTLY ABSURD, AND THEY COME IN THE FORM OF A HANDYMAN'S SCRIBBLED NOTE, THAT IT AUTOMATICALLY BEGS THE QUESTION AS TO ITS LEGITIMACY. CAN THESE BE DISPUTED?
QUESTION THREE: IN DISCUSSING THE ABOVE WITH THE PREVIOUS OWNER'S BROTHER, WHO ALSO BECAME THE ESTATE ADMINISTRATOR AND THE ONE WHO SOLD THE PROPERTY, HE STATES THAT BOTH HE AND THE NEW PROPERTY OWNER SIGNED A "CONTINGENCY REMOVAL" IN WHICH OUR PROPERTY IS LISTED, AND IT EXPRESSLY STATES "BUYER REMOVES CONTINGENCIES AND ASSUMES ALL LIABILITY, RESPONSIBILITY, AND EXPENSE, IF ANY, FOR REPAIRS, CORRECTIONS, OR FOR THE INABILITY TO MAINTAIN FINANCING" AND FURTHER STATES "BUYER HEREBY REMOVES ANY AND ALL BUYER CONTINGENCIES" SIGNED BY THE NEW PROPERTY OWNER. THE OLD PROPERTY OWNER'S BROTHER HAS FORWARDED US A COPY OF THE REMOVAL, FROM WHICH I HAVE JUST QUOTED. CAN THIS DOCUMENT BE USED TO ASK FOR OUR DEPOSIT BACK?
TO SUM, WE HAVE NO WITNESSES TO THE VERBAL AGREEMENTS WE HAD WITH THE DECEASED PROPERTY OWNER. WHAT WE QUESTION IS THE REPAIR CHARGES AND THE POSSIBILITY THAT THE CONTINGENCY REMOVAL NOTICE MAY APPLY TO US.
ANY ASSISTANCE IN THIS REGARD IS GREATLY APPRECIATED.
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