Sample Repair and Remedy Letters. Just copy and paste!
***********************************Disclaimer***************************************
The information found on this blogpage is not intended or implied to replace professional legal or financial help. All content contained on this blogpage including, but not limited to, images, text, graphics, and information are for general informational purposes only. This blogpage is meant to provide examples to users that are researching information as a tenant.
***********************************************************************************Tenants' remedies
I was advised by the Tenants Association to:
- Put everything in writing with my signature and discontinue verbal communications with management.
- When mailing documents get a return receipt which verifies receipt.
- You rent has to be current if you plan to pursue any legal action!
- You must report requests by return receipt mail and keep copies, pics, videos of all violations.
- Texas Tenants' Union Contact Info.
March, 2020
I
had lived at my apartment for almost 2.5 years with no
problems, my problems did not start until March, 2020. I
received an Invoice Statement and felt as if I was being overcharged for
my water bill. Initially I went into the front office to talk with the
Manager. I took in the previous month statement to show that
there was a huge increase in the water bill. She was very rude telling
me there was no error in billing and that she did not have time to talk
with me. I then talked with another office staff who advised me not to pay the water
bill until the billing issue was resolved. I took notes about what
happened, who I talked with, the date, time, etc so I would remember
what was said.
(Keep all your Invoice Statements and take handwritten notes.)
A week later, I got a Late Notice about the water bill not being paid. I went to the
office to talk with the manager, she was not available. I wrote a
note on the Late Notice trying to resolve the problem, and left a copy at the office (keep a copy of everything). I asked them to make a copy to leave for the manager and a copy for
me to take with me for my records. I also asked them to check my
neighbors next door water because I could hear water running constantly. I
thought this is why my bill was so much because we are on allocated billing.
After that I made several calls, requests, and emails to the front office trying to resolve my billing issues and possibly talk with upper management. Initially when I asked for upper management the apartment manager refused to give me this information. One of the other employees did try to give me a contact email, but gave me the wrong email address. My email to upper management was returned undeliverable.
April/May, 2020
Once the pandemic hit, upper management sent an email to all the residents. This is the only way I was able to get the contact info. I met and talked with upper management about my water bill issues. All my attempts to resolve the overcharging were unsuccessful. According to the Lease Addendum for Allocating Water/Wastewater Costs and the PUC rules, I decided to exercise my rights and requested by email,
(1) the water bill records from the water utility company
(2) the calculations of the monthly allocations, allocated billing formula, and percentages used to calculate the bill; and
(3) the total amount billed to all tenant units for each month since Feb 2017.
By law they have to release this information is so many days like 5-7 days.
June, 2020
I did not receive the billing records requested and then decided to file a complaint with the Public Utility Commission for being overcharged on my water bill. Their initial findings were that the billing was inconsistent.
Texas Public Utility Commission Complaint Form
I then called the Tenants’ Association and was told that I had to put my request in writing, sign it and mail return receipt from the post office. I was also advised to only communicate with the office by mail, no calls, no emails. By this point, in addition to being over charged on my water bill, I was also without Hot water. Although they tried to repair the hot water, they were unsuccessful.
(Below is the very first letter I typed, signed and mailed return receipt to my apartment complex.)
June 22, 2020
(Apartment name)
(Apartment address)
Attn: (Apartment Manager)
Subject: Disputing water bill overcharges; Maintenance Request for hot water; Ownership Disclosure
To the Management at (the name of the apartments or address):
I am a resident of the (the name of the apartments or address). I wanted to bring it to your notice that I have several requests as it pertains to apartment unit #138. Please consider this a written request for repairs or remedies of the conditions. They are as follows:
1.
Disputing water bill overcharges – I believe we are being overcharged
for water services. We have lived at (the name of the apartments) since Feb 2017 and the
water charges are unreasonably high compared to previous months and
years. I am concerned about the accuracy and calculations of the monthly
water bill. According to the Lease Addendum for Allocating
Water/Wastewater Costs and the PUC rules, I have the right to request,
examine and verify (1) the water bill records from the water utility
company; (2) the calculations of the monthly allocations,
allocated billing formula, and percentages used to calculate the bill;
and (3) the total amount billed to all tenant units for each month since
Feb 2017.
I did file a complaint with the Texas Public Utility Commission to investigate the overcharging. I received the determination that there was no documentation that showed that the bill is in accordance with the allocation method described in (the name of the apartments) response to the PUC. Without this documentation they could not determine the accuracy of the bills for water service. The PUC completed the investigation and said the information received was inconsistent with the provision of Substantive Rules: §24.277 –Owner Registration and Records. Section (e) Records; 24.283 – Billing. Section (l)-Disputed Bills. See the attached complaint and findings.
2.
Maintenance Request for hot water – My family and I have been without
hot water since June 5, 2020. Despite many verbal and email requests the
problem remains unrepaired and unresolved. According to Sec 31.1 of the
lease, (the name of the apartments) are in violation of maintaining hot water
for our apartment unit #138. Texas landlords must provide and maintain
hot water, which must be readily accessible at 120° F at all times.
3.
Ownership Disclosure - I would like to request written ownership
disclosure - According to Sec 26.1 of the lease, I would like to request
ownership disclosure (name, address and contact#) for the current owner
and the previous owners since February 2017.
Thank you so much for your attention to this matter and I look forward to receiving this information in a timely manner.
Yours Sincerely,
My name,
Attachments enclosed
They did respond with the owner and property managers information. But still no resolution to the over billed water bill and hot water. My
average water bill was $55 for more than 2 years. Since then each month
it gradually increased to more than $150 by August 2020.
July, 2020
During the time of this water overbilling, I decided not to pay the water bill until the overbilling was resolved. I did communicate this with management by email, (U.S. mail would have been better).
My Name
Address
Telephone#
July 21, 2020
(Apartment name)
(Apartment address)Attn: (Apartment Manager)
Subject: Resolution to water bill overcharges and current lack of hot water. I am a resident of(the name of the apartments or address). Please consider this a written resolution to the staff mismanagement, water bill overcharges and the current lack of maintaining hot water.
Staff mismanagement
A written apology from (the name of the apartments or address) for their mismanagement, my expenses incurred and inconvenience in trying to resolve my water bill overcharges. It took me 20 weeks to resolve this issue with (the name of the apartments or address).
o Mismanagement
§ (The name of the apartments or address), office staff, maintenance staff and management have:
1. Intentionally withheld requested information to tenants (including myself)
2. Lied to tenants (including myself)
3. Given tenants (including myself) incorrect/false/misleading information
4. Been uncommunicative and non-responsive to tenants (including myself)
5. Been rude and unprofessional in their verbal and written attempts
6. Been condescending to myself and other tenants
7. Displayed incompetence in office procedures and in maintaining the apartment complex in its entirety (communication, billing, maintenance, landscaping, entrance/exit gates, trash pickup, parking, etc.)
o Expenses incurred
§ 160 hours working on resolving this problem (8 hours/week for 20 weeks)
§ Purchasing a new printer to type up a maintenance request
§ Printer paper and ink
§ Certified Mailing costs
§ Water thermometer
o Inconveniences
§ No hot water for almost 2 months
I would like a written apology. I would also like to see the hiring of competent office personnel that are able to communicate effectively with tenants; the hiring of competent maintenance personnel that are able to diagnose, repair and communicate effectively. There need to be community meetings and updates. There should be several options in communicating with tenants, not just TEXT only. We also need a community liaison that can work with the office and the tenants. Most times there are language barriers between maintenance and the tenants that create ineffective communication. I can help with being a community liaison.
Water bill overcharges
· On March 7, 2020, I reported to (the name of the apartments or address), a written request to check the water usage because of unusually high water bills for Apt #138.
· From Feb 2017 to July 2019, the average water bill for apartment unit was $55.00.
· I believe I started being overcharged for water in the Fall 2019. The Texas Legislature, Texas Water Code provides a right of action for a renter to recover three times the amount of overcharge, a penalty equal to one month’s rent, attorney fees and court cost from an owner who violates the statue. I will waive this right.
· I will agree to pay $55.00 a month for my water usage for invoice, June, July and the remainder of my lease.
Current lack of maintaining hot water
· According to Sec 31.1 of the lease, (the name of the apartments or address) are in violation of maintaining hot water for our apartment unit #138. Texas landlords must provide and maintain hot water, which must be readily accessible at 120° F at all times. I am still without hot water for almost 2 months now.
· Under Texas law, I am entitled to obtain a penalty from (the name of the apartments or address) of one month’s rent ($1515) plus $500. I would like to exercise this right and receive the one month’s rent ($1515) plus $500.
Yours Sincerely,
My name, Tenant, (the name of the apartments or address), #138
August, 2020
On
August 7, 2020, I received a phone call from the owner of my apartment complex. He wanted to know what was going on. After talking, he agreed to write me an apology letter and pay me 1 month's rent of
$1515, plus $500 in the next week. I followed up with an email to him about
our phone conversation. (see below)
Emailed Resolution for Apartment #138
- The written apology
- Water bill charges set at 55.00 per month for my unit for the remainder of my lease
- Receiving one month's rent ($1515) plus $500
A week went by and I never received the apology letter nor the money agreed to by the owner. I mailed a Demand Letter with a deadline date for
resolution. In the letter I advise management that I would be filing a lawsuit if the payment was not received by August 31, 2020.
(see below)
My Name
Address
Telephone#
August 21, 2020
(Apartment name)
(Apartment address)Attn: (Apartment Manager)
Demand Resolution Letter
This is my 2nd follow-up in regard to the resolution for Apartment 138. I have been more than patient in trying to resolve this matter. If I don't receive the entitled damages of $2015.00 by August 31, 2020, I will proceed and file a lawsuit in small claims court.
Subject: Resolution to water bill overcharges and current lack of hot water. I am a resident of(the name of the apartments or address). Please consider this a written resolution to the staff mismanagement, water bill overcharges and the current lack of maintaining hot water.
Staff mismanagement
A written apology from (the name of the apartments or address) for their mismanagement, my expenses incurred and inconvenience in trying to resolve my water bill overcharges. It took me 20 weeks to resolve this issue with (the name of the apartments or address).
o Mismanagement
§ (The name of the apartments or address), office staff, maintenance staff and management have:
1. Intentionally withheld requested information to tenants (including myself)
2. Lied to tenants (including myself)
3. Given tenants (including myself) incorrect/false/misleading information
4. Been uncommunicative and non-responsive to tenants (including myself)
5. Been rude and unprofessional in their verbal and written attempts
6. Been condescending to myself and other tenants
7. Displayed incompetence in office procedures and in maintaining the apartment complex in its entirety (communication, billing, maintenance, landscaping, entrance/exit gates, trash pickup, parking, etc.)
o Expenses incurred
§ 160 hours working on resolving this problem (8 hours/week for 20 weeks)
§ Purchasing a new printer to type up a maintenance request
§ Printer paper and ink
§ Certified Mailing costs
§ Water thermometer
o Inconveniences
§ No hot water for almost 2 months
I would like a written apology. I would also like to see the hiring of competent office personnel that are able to communicate effectively with tenants; the hiring of competent maintenance personnel that are able to diagnose, repair and communicate effectively. There need to be community meetings and updates. There should be several options in communicating with tenants, not just TEXT only. We also need a community liaison that can work with the office and the tenants. Most times there are language barriers between maintenance and the tenants that create ineffective communication. I can help with being a community liaison.
Water bill overcharges
· On March 7, 2020, I reported to (the name of the apartments or address), a written request to check the water usage because of unusually high water bills for Apt #138 (see attached documents).
· From Feb 2017 to July 2019, the average water bill for apartment unit was $55.00 (see attached).
· I believe I started being overcharged for water in the Fall 2019. The Texas Legislature, Texas Water Code provides a right of action for a renter to recover three times the amount of overcharge, a penalty equal to one month’s rent, attorney fees and court cost from an owner who violates the statue. I will waive this right.
· I will agree to pay $55.00 a month for my water usage for invoice, June, July and the remainder of my lease.
Current lack of maintaining hot water
· According to Sec 31.1 of the lease, (the name of the apartments or address) are in violation of maintaining hot water for our apartment unit #138. Texas landlords must provide and maintain hot water, which must be readily accessible at 120° F at all times. I am still without hot water for almost 2 months now.
· Under Texas law, I am entitled to obtain a penalty from (the name of the apartments or address) of one month’s rent ($1515) plus $500. I would like to exercise this right and receive the one month’s rent ($1515) plus $500.
Yours Sincerely,
My name, Tenant, (the name of the apartments or address), #138
September, 2020
August 31st came and I never received a response nor what was promised so I prepared to file my lawsuit. I picked up the necessary
documents from the court house. I then found out there was possibly Black Mold in my apartment. Click below
for the pics of a black moldy substance on my air conditioning vents in 3
of my rooms. I filed my lawsuit which was around $150.00. Lawsuit Filed, Court Date Set for September 28, 2020.
Click HERE .....Is this Black Mold?
October, 2020
Before the court date came, the apartment asked for an extension on the court date, saying they needed to hire an attorney. It was granted and re-scheduled for October 6, 2020. Note: I represented myself for my lawsuit. Long story short, the owner of the apartments asked to settle this out of court. I agreed. We negotiated for 3 weeks (he actually gave me the run around for 3 weeks). They wanted me to move before my lease and would pay me if I moved by the end of October (my lease was not up until Jan 2021). I agreed. I started doing google research on the owner and found out he owes millions, yes millions, because of previous lawsuits brought against him. I figured he would not pay me. Although, I did not get the amount I asked for during our negotiation (which was way more than originally), I did get more than what I originally asked for ($2015.00). I got my cash (relocation costs) from the apartment complex, then turned in my keys. In that order. Don't turn in the keys until you get the CASH!
November, 2020
My family and I are happily now in a new place. Below was the letter I wrote to my apartment complex afterwards.
Letter to my previous landlords
Lastly......
Check out these 2 articles where the landlord was sued and tenants won for bad living conditions.
Maryland - Jared Kushners (Trump's son-in-law)
Maryland's attorney general is suing an apartment management company owned by Jared Kushner, President Donald Trump's son-in-law, and his family, alleging "hundreds of thousands of violations" against mainly low-income tenants and middle-class families in Baltimore.
$52 Million to Kansas City Tenants
Judge grants $52M to Kansas City tenants in case of ‘uninhabitable’ living conditions
***********************************Disclaimer***************************************
The information found on this blogpage is not intended or implied to replace professional legal or financial help. All content contained on this blogpage including, but not limited to, images, text, graphics, and information are for general informational purposes only. This blogpage is meant to provide examples to users that are researching information as a tenant.
***********************************************************************************
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