[AUG 13, 2014]
Re: Notice of intent to vacate
Dear Kenneth and Wanda Sterling,
This letter constitutes written-day notice that your tenets will be vacating 5510 Lavey Lane #39, Baker LA, 70714 on Sept. 03, 2014, at the end of their current lease.This notice is in accordance and terms per the Rental agreement, even though Landlord was negligent in writing proper dates on the rental timelines, these dates go buy the monthly timelines Lessees paid rent on the 3rd every month which sets precedent.
Lessees are leaving because:
1) Lease has come to term
2) Lessor has failed in upholding contract (landlords are obligated to provide safe and habitable housing under the warranty of habitability)
3) Landlord cannot, by law, force a Lessee to make repairs to a residence that is not of the Lessees negligence; such as plumbing, AC, electrical, appliances, etc. The only time a Landlord can charge the Lessee is if the issue resulted directly from the wanton negligence of the Lessee. Normal maintenance, wear and tear is the responsibility of the Landlord. Section 12 specifically notes only conditions in fixtures and plumbing "specifically" damaged by RESIDENT are to be repaired by resident.
4) Change of Terms without 30 days. Break of contract has been committed within the confines of the Lease two times during the contract without 30 days notice. A Lessor cannot change the terms of the lease without 30 day written notice of a change beforehand (Section 16 of lease). Trying to admit fees to the lease expo fact was first violation and erroneous terms in relation to maintenance were second violation.
5) Section 22 upholds Louisiana state law; in that any and all parts of lease and any additions do not void rights under the law. The legislation in the state supersedes that validity of any subsection in this lease and must be adhered to if there is a conflict.
6) Written attempts were made to the issues at the residence. Severe mold and mildew problems were directed, the kitchen island (not Islander) had mildew growing on the side. Instead of dealing with the underlying "cause" of the problem, new fascia was put up. This is only cosmetic and does not eliminate the problem. Mold and mildew is under the island, will continue to multiply and grow back over the new fascia. Wide gaps in the patio doors have never been addressed; increasing electric, allowing for further bug infestation, and furthering mold growth. Lessees were told Kenneth would be there on Monday, May 19th to measure patio door to either put a stick across it or get weather stripping (via saved text), however this never happened because "he was too sick". Yet, Lessee saw Kenneth that same evening walking around a local store with his daughter looking perfectly healthy.
7) Landlord was notified Sept 7, 2013 of several maintenance issues, which were never resolved. A letter was given to reiterate the concern, on Nov. 2, 2013 (which is retained by Lessee) in some problems were only half taken care of and completely addressed. Still not complete to date. Water leaks were specifically addressed in this letter and reiterated over a 4 month period beginning with initial period of the lease. Resident did show in letter Article 2694 and Article 2691 of Louisiana Civil Code specify Landlord obligation.
8) The porch on the residence is in disrepair and has been addressed to Landlord on at least 6 occasions, beginning with the initial signing of Lease. Due to the decay and neglect of repair, any damage occurring from moving out of said premises is the responsibility of Landlord for failure to repair the porch. The condition was dilapidated before move in and was told it would be replaced. This removes Lessee responsibility.
9) Also advised, Landlord showed false business affiliation under the name "Sterling Management" as an obvious intimidation tactic and used the rental residence as the address, again, not giving tenant Landlord address for proper notification. No such business exists within the East Baton Rouge Parish Assessors Office.
As this is not even the long version we could discuss, the terms of this lease are to be expected as seen fulfilled by Lessee.
As such it is expected that the security deposit of $600 and the $150 Pet deposit (Not specified as non-refundable), given to you, will be refunded in per mandatory State laws, when the residence has been left in a clean condition. It is expected that all laws will be adhered to concerning deposits as this will immediately result in a civil court manner.
It must also be duly notified that any 30 day notice is null and void as Lessee has just cause to not fulfill this demand. Landlord would not provide home address to Lessee, nor was home address for Lessor found anywhere within the contract. Lessor is negligent for not providing vital information necessary for notification. Thus, just cause is warranted.
Sincerely,
Elizabeth Kable & Derek Lewis