"2004 North Monroe Street
Arlington
Virginia, 22207
May 28, 2013
Dear Mr. Alex Lech Bajan,
Case Brief
My client Mike Wu rented a room at your house (2004 North Monroe Street, Arlington, Virginia, 22207) from Jan.10, 2013 to May.19, 2013. Mike Wu lived in a multi-family housing because Mike Wu, other tenants and you shared heating, hot water, entry and exit, or some other service in the same building. He fulfilled all his duties, including paid rent at full amount and on time (often ahead of time at your frequent requests), conducted monthly public area clean up, and thorough move out clean up etc.
Mike Wu has sent you the move-out notice 47 days before the move out date (dated on Apr 3, 2013 at 2:09 PM). Mike Wu has also sent you confirmation about the house condition, which agreed as in good condition while he moved out under the witness of his classmate Li Zhang (dated on May 18, 2013 at 7:23 PM).
You have agreed twice on the refund of the housing deposit. According to the Common Law practice, it’s obvious that both parties have formed the new agreement on refund based on your free will. In your email to Mike Wu, dated on Apr 3, 2013 at 5:02 PM and Apr 4, 2013 at 6:20 AM respectively, you both have agreed on the time, amount and payment methods. This agreement was further proved by your refund check and written invoice provided on May 18, 2013 to Mike Wu, the night before he moved out and headed to California.
Mike Wu deposited the check and sent you the confirmation on May 18, 2013 at 7:23 PM. However, he found it’s a bounced check and gave you the written notice on May 22, 2013 at 10:59 AM while he was in California. In your email dated on May 26, 2013 at 10:03 AM, you have admitted that you have transferred money out of your bank account and that you have full notice of insufficient money in your bank account.
You have got the full notice of Mike Wu’s plan to leave for California (on May 19, 2013) in four separate emails dated on Apr 3, 2013 at 3:27 PM, Apr 22, 2013 at 7:50 AM, Apr 22, 2013 at 8:07 AM and May 17, 2013 respectively. He even sent you his address in California on May 17, 2013.
*Landlord’s Issuance of Bad Check of Amount $563.33 on Bad Faith
According to The Check Clearing for the 21st Century Act, stop payment requests will be more difficult to execute. The reasonable explanation was that you gave a bounced check in ‘bad faith’ under the Civil Code and evilly planned to take advantage of Mike Wu’s absence in Virginia.
Because the amount of the check is above $200, it is a felony offense according to Virginia Criminal Code § 18.2-181. Please notice, according to Virginia Criminal Law, housing inspection is not an excuse of issuance of a bounced check.
*VA Code § 18.2-181: Issuing bad checks, etc., larceny:
Any person who, with intent to defraud, shall make or draw or utter or deliver any check, draft, or order for the payment of money, upon any bank, banking institution, trust company, or other depository, knowing, at the time of such making, drawing, uttering or delivering, that the maker or drawer has not sufficient funds in, or credit with, such bank, banking institution, trust company, or other depository, for the payment of such check, draft or order, although no express representation is made in reference thereto, shall be guilty of larceny; and, if this check, draft, or order has a represented value of $200 or more, such person shall be guilty of a Class 6 felony.
*VA Code § 18.2-10: Virginia Punishment for Conviction of Felony:
(f) For Class 6 felonies, a term of imprisonment of not less than one year nor more than five years, or in the discretion of the jury or the court trying the case without a jury, confinement in jail for not more than twelve months and a fine of not more than $2,500, either or both.
*Landlord Failed to Issue Move-In Inspection List
According to Virginia law, the landlord has 3 options for inspection:
1) Inspect the dwelling unit himself and provide a copy of itemized damages to the tenant within 5 days of occupancy. The tenant may request additional items to be added to the list within 5 days of receiving the landlord’s report.
2) Adopt a written policy to allow the tenant to submit the itemized damage list.
3) Adopt a written policy to provide that the landlord and tenant shall prepare the inspection report jointly.
You failed to issue move-in inspection list, and you failed to notice Mike Wu his right to issue one.
*Landlord Failed to Issue Move-Out Inspection List
According to Virginia Residential Landlord and Tenant Act, you are required to inspect the dwelling unit after it is vacated in order to determine the amount of the security deposit to be returned to Mike Wu within 72 hours of termination of the rental agreement.
Mike Wu noticed you in written that both you and he have agreed on the room condition when Mike Wu moved out.
It is important for both parties to be present at the inspection so that any disagreements regarding damages may be resolved. You waived your right to inspect the dwelling unit within 72 hours of termination of the rental agreement. You failed to notify Mike Wu in written the time and the date of the inspection within 72 hours of termination of the rental agreement.
You required housing inspection after Mike Wu arrived in CA even both of you have conducted move-out housing inspection.
* Virginia Residential Landlord and Tenant Act
Tenant Right to be Present at Inspection. Upon receiving a tenant's vacate notice, a landlord must notify that tenant of his right to be present for the inspection of the property after he has vacated. If the tenant wants to be present, he advises the landlord in writing. The landlord must make the inspection within 72 hours of the termination of the tenancy and must inform the tenant of the time and date. If the tenant is present, the landlord must give him an itemized list of damages found during the inspection.
It has been 30 days after the termination of the tenancy, and you haven't provide deposit refund nor answer any email or phone call from Mike Wu. Mike Wu can't find you, and you avoided provide any information on the deposit refund.
In order to settle Mike Wu’ claims and thereby prevent the necessity of turning to a more formal and costly means of resolution, Mike Wu requests the following for settlement of all claims against Mr. Alex Lech Bajan:
1. Return the full security deposit of $563 to Li Zhang (Li Zhang is granted the right to fully represent Mike Wu in this matter by Mike Wu), within 24 hours.
2. Reimburse Mike Wu for her attorneys’ fees and costs incurred as a result of the drastic and upsetting course of events.
Please be advised that if Mike Wu is forced to file a criminal or civil action in this matter, his claim will be substantially greater.
If the full amount is not refunded, we intend to file suits separately for issuance of bad check and failure to refund housing deposit in criminal court and civil court. We intend to ask for triple damages of three (3) times the amount of the deposit at $1,689, as allowed by law, plus related travel expenses (round trip air ticket, taxies, and hotels etc.), court costs and attorney’s fees.
There are several ways in which this matter can be resolved, including the following:
This letter is written solely for the purpose of furthering settlement discussions. Therefore, neither this letter nor any of the information contained in it may be used for any purpose in any subsequent litigation. This letter is being sent under the protection of Federal Evidence Code Section 408, and any other applicable section.
If you have an insurance carrier with respect to claims such as this, you may want to contact them at this time.
Thank you in advance for your cooperation."