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FROM: Adrian Assassi, Matthew Baker, Galen Carlson, Todd Wilkinson, and Ansel

Wallenfang
PO Box 91022
Santa Barbara, CA 93190
- Previous tenants of 227 Mesa Verde Dr., Santa Barbara, CA 93110, herein referred to as
“we”.

TO: Anita Escamilla


1490 N. San Marcos Rd.
Santa Barbara, CA 93111
- Owner/manager of 227 Mesa Verde Dr, Santa Barbara, CA 93110, herein referred to as
“landlord”.

RE: Landlord’s July 17, 2006, letter and deposit refund check; copy attached.

Dear Landlord,
We received landlord’s letter stating the damages landlord claims to have incurred as a
result of our tenancy at 227 Mesa Verde Dr. from (insert dates here) and the enclosed
check in the amount of $1750.00. We were very surprised to receive only $1750.00 from
our $3000.00 deposit that we paid in good faith when our lease began (see Civil Code
Sections 1950.5(b), (e). We are disputing these charges because:
1. We did not cause any damages to the house during our residency.
2. We cleaned the house very thoroughly and left the house considerably cleaner
than it was when we took up residency (see CA Civil Code Section 1950.5(b)(3).
3. We requested via certified mail that landlord be present for an inspection of the
house and our request was refused by landlord (see CA Civil Code Section
1950.5(f)(1). Landlord also failed to deliver written notice of our option to
request an inspection as required in CA Civil Code Section 1950.5(f)(1)
4. Our photographic and video evidence of the condition of the house shows the
state of the property when we moved in and when we left. This evidence clearly
shows the trash, unclean living areas, and debris that we had to clean up to safely
occupy the house.
We wish to resolve this matter in a timely fashion and receive our deposit back in full as
soon as possible. Please see below for an itemized (items A-F) list of the charges we are
disputing as false/fraudulent.

A) In reference to item 1 on the list of damages landlord claims to have sustained in


landlord’s July 17, 2006 letter (attached), the living room carpet (square, beige carpet
remnant) was not damaged or removed from the property. It is rolled up and in the
garage at the property and is in landlord’s possession. Therefore, we are not responsible
for replacing it. Disputed amount: $350.00

B) In reference to item 2 on the list, the carpets were vacuumed and shampooed before
we moved out of the house. We carefully cleaned these carpets and do not feel that we
should pay for cleaning that we did, in fact, perform. Disputed amount: $250.00
C) In reference to items 3, 4, and 5 on the list, the paint in the house was not damaged
during our tenancy. Any slight scuffs or dirt that may be visible was caused by normal
wear and tear and we maintain that we are not responsible for the painting of these areas
(see CA Civil Code Sections 1950.5(b),(e).
Disputed amount: $375.00

D) In reference to items 6 and 7 on the list, the kitchen was cleaned before we left.
Considering the condition of the kitchen when we moved in (floors, counters, and oven
were very dirty, and there was old food in the refrigerator), we left it in a far cleaner
condition that it was at the beginning of our lease (see CA Civil Code Section
1950.5(b)(3). The kitchen had been in use by landlord and workers before we moved in
and we had to clean it extensively before we could use it. Therefore, we are not
responsible for any further cleaning of the kitchen aside from that which we have already
performed. Disputed amount: $75

E) In reference to item 8 on the list, we ask that landlord provides documentation,


such as receipts, of any charges landlord incurred to remove the washer and dryer (see
CA Civil Code Section 1950.5(g)(2). Disputed amount: $80.00

F) In reference to item 9 on the list, all of the bathrooms were cleaned extensively
before we vacated the premises. Landlord does not specify which bathroom was dirty
and had to be cleaned, but we maintain that we carefully cleaned all of them to a far
cleaner state that they were in when we took up residency. Any damages from our
occupancy were very slight and considered normal wear and tear; therefore, we are not
responsible for any further cleaning that landlord claims to have performed (see CA Civil
Code Sections 1950.5(b),(e). Disputed amount: $80.00

We feel that we have performed our responsibilities as tenants in an extremely


reasonable fashion. We ask that landlord does the same and refunds us the amount we
are due, $3000.00, in a timely manner. We feel strongly about what we consider to be
false/fraudulent charges and will pursue reimbursement to the full extent of the law.

Signed,

Matt Baker
Adrian Assassi
Todd Wilkinson
Galen Carlson
Ansel Wallenfang

07/26/2006

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