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Sample opinion letter

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John Vaughn, CMI
John Vaughn, CMI

The law firm reviewed the facts of the case and determined that Mr. Tenant has a claim against Shoreline Rentals for twice his security deposit amount of $5,600 since they did not return it or provide an itemized statement within 21 days as required by law. However, Shoreline Rentals may argue that Mr. Tenant owes rent for May and June since he did not provide the required 28 days notice before vacating. The law firm recommends Mr. Tenant first try to negotiate a settlement with Shoreline Rentals before deciding whether to initiate litigation, which could result in a judgment between $1,000-$2,800 if successful but risks dismissal.

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LAW OFFICES OF JONES & GARCÍA, S.C. Dedicated ■ Thorough ■ Trustworthy 445 E. Main Blvd. Justice Way, WI 55555 Telephone: (920) 555-5656 Fax: (920) 555-5657 ATTORNEYS: Bradley Jones María García PARALEGALS: John Vaughn Tim Smith October 1, 2014 Mr. Albert Tenant 123 Shortage Rd. Big City, WI 56789 RE: Opinion letter to Mr. Albert Tenant Our File No.: 12345 Dear Mr. Tenant: We enjoyed meeting you last week. As you requested, our law firm has researched whether you have a claim for legal action against Shoreline Rentals, LLC for not returning your security deposit to you after you vacated the apartment on April 30, 2014. As we understand them, the facts are as follows: you entered into a one-year lease with Ms. Sandy Manajar of Shoreline Rentals, LLC dated June 1, 2012 to May 31, 2013. The monthly rent amount was $1,400, and you paid a security deposit in the amount of $2,800 that Shoreline Rentals, LLC has not yet returned to you. Neither you nor Shoreline Rentals, LLC renewed the lease after it expired, and as a result, you were on a month-to-month tenancy from June 1, 2013 to April 30, 2014. Although you and Shoreline Rentals, LLC did not have a written contract concerning repairs you made to the home, Ms. Manajar credited you one month’s rent for installing shelving in the apartment valued at $500 but did not credit you for replacing the old, warped balcony doors with new glass sliding doors valued at $800. Contrary to Ms. Manajar’s statement, you left the apartment spotlessly clean when you vacated it on April 30, 2014. You took no photographs or video of the apartment’s condition after you vacated it. You mailed Ms. Manajar your letter of intent to vacate in mid-April and later sent her the two keys to the apartment to her most current address. The most recent pertinent Wisconsin statutes that govern landlord/tenant law state that a landlord has 21 days after the tenant vacates the property to provide the tenant with a detailed statement of damages and to return the remaining balance of the security deposit. Shoreline Rentals, LLC has done neither, which means you are able to sue Shoreline Rentals, LLC for twice the amount of the security deposit plus attorney’s fees. However, Ms. Manajar stated that the shelving you installed in the apartment was defective and that she had to remove it. Because you and she did not have a written contract and due to the apparent lack of quality craftsmanship, Shoreline Rentals, LLC may be entitled to the rent with which they credited you for installing the bookshelf. Additionally, Wisconsin statutes state that a
Mr. Albert Tenant letter (File No. 12345) Page Two September 21, 2014 tenant must provide a landlord with at least 28 days’ notice prior to vacating the dwelling. You mailed your notice to vacate to Ms. Manajar during mid-April, and the law presumes that she would have received it two days later. Unfortunately, Ms. Manajar claims that, despite the fact she provided you with her new mailing address, you sent the notice of intent to vacate to her previous address. She therefore did not receive the letter until May 12, 2014. Thus, a court would almost certainly rule that you should also be responsible for paying the rent for May and June 2014. Finally, Ms. Manajar’s attorney has informed us that she had to utilize a cleaning service to sanitize the apartment after you moved out. The cleaning service took extensive photographs of the apartment, which appear to show you left it in a state of disrepair. The cleaning service also repainted the apartment. Based upon the facts you have provided us and the applicable law in Wisconsin as of today’s date, it is our opinion that suing Shoreline Rentals, LLC might be worthwhile. You would be entitled to twice the amount of your security deposit, i.e., $5,600, but would also likely be responsible for May and June’s rent in the amount of $2,800. If Shoreline Rentals, LLC were able to prove that the craftsmanship was shoddy, you would be responsible for reimbursing Shoreline Rentals, LLC for the credit you were initially given in building the shelves and the expenses incurred from removing them. Some, if not all, attorney’s fees are also recoverable. If you were to win the lawsuit, you will realistically be looking at a judgment in the amount of between $1,000 and $2,800. It is possible that the court rule in favor of the defendant and dismiss the lawsuit altogether, although that scenario seems unlikely. We would therefore suggest that you first attempt to negotiate directly with Shoreline Rentals, LLC in order to reach a settlement. At the same time, we realize that you are our client, and the decision whether or not to initiate litigation is yours to make. If you are unable to successfully negotiate with Shoreline Rentals, LLC, and if you wish to take legal action, please contact our office so that we can determine together how to proceed. Sincerely, John Vaughn Paralegal Enclosure c: File JWV:jwv

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Sample opinion letter

  • 1. LAW OFFICES OF JONES & GARCÍA, S.C. Dedicated ■ Thorough ■ Trustworthy 445 E. Main Blvd. Justice Way, WI 55555 Telephone: (920) 555-5656 Fax: (920) 555-5657 ATTORNEYS: Bradley Jones María García PARALEGALS: John Vaughn Tim Smith October 1, 2014 Mr. Albert Tenant 123 Shortage Rd. Big City, WI 56789 RE: Opinion letter to Mr. Albert Tenant Our File No.: 12345 Dear Mr. Tenant: We enjoyed meeting you last week. As you requested, our law firm has researched whether you have a claim for legal action against Shoreline Rentals, LLC for not returning your security deposit to you after you vacated the apartment on April 30, 2014. As we understand them, the facts are as follows: you entered into a one-year lease with Ms. Sandy Manajar of Shoreline Rentals, LLC dated June 1, 2012 to May 31, 2013. The monthly rent amount was $1,400, and you paid a security deposit in the amount of $2,800 that Shoreline Rentals, LLC has not yet returned to you. Neither you nor Shoreline Rentals, LLC renewed the lease after it expired, and as a result, you were on a month-to-month tenancy from June 1, 2013 to April 30, 2014. Although you and Shoreline Rentals, LLC did not have a written contract concerning repairs you made to the home, Ms. Manajar credited you one month’s rent for installing shelving in the apartment valued at $500 but did not credit you for replacing the old, warped balcony doors with new glass sliding doors valued at $800. Contrary to Ms. Manajar’s statement, you left the apartment spotlessly clean when you vacated it on April 30, 2014. You took no photographs or video of the apartment’s condition after you vacated it. You mailed Ms. Manajar your letter of intent to vacate in mid-April and later sent her the two keys to the apartment to her most current address. The most recent pertinent Wisconsin statutes that govern landlord/tenant law state that a landlord has 21 days after the tenant vacates the property to provide the tenant with a detailed statement of damages and to return the remaining balance of the security deposit. Shoreline Rentals, LLC has done neither, which means you are able to sue Shoreline Rentals, LLC for twice the amount of the security deposit plus attorney’s fees. However, Ms. Manajar stated that the shelving you installed in the apartment was defective and that she had to remove it. Because you and she did not have a written contract and due to the apparent lack of quality craftsmanship, Shoreline Rentals, LLC may be entitled to the rent with which they credited you for installing the bookshelf. Additionally, Wisconsin statutes state that a
  • 2. Mr. Albert Tenant letter (File No. 12345) Page Two September 21, 2014 tenant must provide a landlord with at least 28 days’ notice prior to vacating the dwelling. You mailed your notice to vacate to Ms. Manajar during mid-April, and the law presumes that she would have received it two days later. Unfortunately, Ms. Manajar claims that, despite the fact she provided you with her new mailing address, you sent the notice of intent to vacate to her previous address. She therefore did not receive the letter until May 12, 2014. Thus, a court would almost certainly rule that you should also be responsible for paying the rent for May and June 2014. Finally, Ms. Manajar’s attorney has informed us that she had to utilize a cleaning service to sanitize the apartment after you moved out. The cleaning service took extensive photographs of the apartment, which appear to show you left it in a state of disrepair. The cleaning service also repainted the apartment. Based upon the facts you have provided us and the applicable law in Wisconsin as of today’s date, it is our opinion that suing Shoreline Rentals, LLC might be worthwhile. You would be entitled to twice the amount of your security deposit, i.e., $5,600, but would also likely be responsible for May and June’s rent in the amount of $2,800. If Shoreline Rentals, LLC were able to prove that the craftsmanship was shoddy, you would be responsible for reimbursing Shoreline Rentals, LLC for the credit you were initially given in building the shelves and the expenses incurred from removing them. Some, if not all, attorney’s fees are also recoverable. If you were to win the lawsuit, you will realistically be looking at a judgment in the amount of between $1,000 and $2,800. It is possible that the court rule in favor of the defendant and dismiss the lawsuit altogether, although that scenario seems unlikely. We would therefore suggest that you first attempt to negotiate directly with Shoreline Rentals, LLC in order to reach a settlement. At the same time, we realize that you are our client, and the decision whether or not to initiate litigation is yours to make. If you are unable to successfully negotiate with Shoreline Rentals, LLC, and if you wish to take legal action, please contact our office so that we can determine together how to proceed. Sincerely, John Vaughn Paralegal Enclosure c: File JWV:jwv