My client is not sure of the nature of this claim, but its agents suspect you are demanding cover for the time the house was vacant between the date of lease execution by the tenants and the date they moved in to the property. If this is the case, they are not obligated to pay such charges, as the lease term was specified
and prorated rent was collected.
HOLDING PROPERTY FEE - Agreement with Applicants to hold Property for 26 days or longer. Fee to be determined upon receiving exact screening information with dates, from Eagle Property Management - also known as:
Josh Bussey
Eagle Management
Owner / Broker
DRE: 01900023
and
EAGLE INVESTMENT MANAGEMENT, LLC.
- Oops. Tenants do not execute leases - do they Mr. Lawyer. Oh Well. "...the house was vacant between the date of lease execution by the tenants ..."
- I am sure your client is not sure. "My client is not sure of the nature of this claim, but its agents suspect you are demanding cover for the time the house was vacant between the date ..."
- Read what you wrote - it does sound rather silly - "If this is the case, they are not obligated to pay such charges, as the lease term was specified and prorated rent was collected."
- Since your client has repeatedly REFUSES to give us any information requested, we will rely on subpoenas for documents and all witnesses ( to declare under penalty of perjury ).
- Simple solution - tell your client not to worry ( if he has no reason to ).
- Oh, by the way, your client did collect the pro-rated rent ( $183.00 ) and refuses to remit payment unless we "cooperate with this demand". Sounds like extortion ? Coercion ? You tell us Mr. Lawyer - you are the one who studied law - maybe we should find someone who also offers 30 minute free consultations.
USUAL RENTAL AGREEMENTS - Require 1st month, last month and ONE MONTH security deposit to move in.
- We have your client´s "approved tenants" declaration that your client agreed to hold the property for them from the first of October ( or probably earlier ) until the 26th - and accept 6 days of rent instead of one month. The dates of payments are conflictive and contradictory.
- The "approved tenant" says they first saw the property with the backyard a mess. The backyard was cleaned September 17th.
- Your client´s agent phoned us October 3rd - we recorded his message saying he had a qualified couple.
- The tenant contract is dated October 8th. It remains unsigned.
- Occupant declares leaving a cashier´s check for $500 on October 1st - - and that EM agreed to hold the property for them until the end of the month.
- Again, we believe that your client acted as a dual agent. We were not consulted or informed.
- Again, we reserve our legal rights to subpoena all of your client´s documents. Your client has refused to give us more than this accounting information:
Your client charged their "approved tenants" six days rent + one month deposit - to move in October 26, 2012.
- $950 + $183 = $1,133 versus
- $950 x 2 = $1,900 or
- $950 x 3 = $2,850.
- He refuses to properly document dates.
- He refuses to pay 6 days - rent collected - after contract was terminated - $183 .
- Using these (trust funds) he has collected, is holding and refuses to disburse to us - as a tool for negotiating our claims (seen within your letter).
- Extortion - a small one, but yes ?
- They favored their "approved tenants" - not us.
FACT
The California Civil Code establishes the maximum amount that landlords can charge tenants as a security deposit. For a non-furnished residence, a landlord cannot charge more than twice the rent, plus the first month’s rent, as a deposit.
Civil Code §1950.5(c).
http://www.leginfo.ca.gov/cgi-bin/calawquery?codesection=civ&codebody=&hits=20
BELOW IS A SERIOUS EXPLANATION OF HOLDING A PROPERTY MR. SCOTT >>>>
Acceptance/ Cancellation
When your application is approved, your Financial Fitness Instructor will let you know your maximum rent payment ("max rent") based on the income and debt information that we've received. An approved application and a $500 holding deposit will keep a home off the market during your 72-hour qualification period. If you are holding a home for move-in longer than 14 days, we do require a 1 month rent deposit to be paid in advance of move-in. If you should cancel your hold between the period of your approval and your move-in, we will gladly refund your deposit less daily rent multiplied by the number of days the home was held off the market for you.
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Below is a screen shot of the property taken off the market October 7, 2012 - we blanked out the address
Below is a screen shot of the property taken off the market October 7, 2012 - we blanked out the address
WE SIGNED WITH YOUR CLIENT - EAGLE PROPERTY MANAGEMENT - OR WHICHEVER NAME THEY FINALLY DECIDE ON ( AND REGISTER LEGALLY ) ON SEPTEMBER 6 2016.
----- Original Message -----
From: Dan
To: 'xxxx'
Sent: Wednesday, October 24, 2012 6:41 PM
Subject: RE: xxxxx, Elk Grove, CA 95624 - UTITLIES +
Hi Jan,
The tenants have paid:
Security Deposit= $950 paid on 10/11/2012
Proration for October (10/26-10/31)= $183 due on 10/26/ 2012
 |
| Date on TENANT Contract October 8, 2012 |
 |
| Utility Payments - Tenant Responsibility |
ALL VERY STRANGE. THE HOUSE WAS RENTING FOR $950 - LOWER THAN THE MARKET PRICE OF $1067 - IT SHOULD HAVE RENTED IMMEDIATELY. EM ASKED US TO LOWER $55 - WE SAID NO.
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