Letter to Landlord Writing Assignment

Introduction:
At some point almost all of us will rent an apartment or home. When you rent an
apartment or home you have to pay rent every month. In addition to paying rent, you must pay
your landlord a security deposit. This deposit is usually equal to the first months rent. For
example, if your apartment rents for $1,000 a month, the first month you would have to give
your landlord $2,000. Of that $2,000, the first $1,000 would go towards rent. The second $1,000
would be a security deposit that the landlord will keep until you move out of the apartment.
The law states that when when you move out, the security deposit must be returned to
you unless you have damaged the property or in some way owe the landlord money.
Unfortunately, most tenants do not know their rights and their landlords wrongfully withhold
their security deposit.

Your job:
In this project, I will give you a fake scenario whereby your landlord withholds your
security deposit. Your job will be to research the law using the resources provided below. Once
you have done so, you will write a letter to your landlord demanding the return of your security
deposit.

Structure:
In this project you will write in IFRAC format. This is a format that lawyers use to write
demand letters every day. You can see a sample demand letter attached here.

I = Issue. State the issue you want to address

F = Facts. State the facts about what happened between you and the landlord.
R = Rule. Cite to the laws that you want your landlord to be aware of.
A = Analysis. Tell the landlord why the law requires that he return your deposit.
C = Conclude. Demand some money or threaten to sue.

Resources:

To see the law regarding security deposit look at this document.

Or this document for a simplified version of the law.

Vocab:
Landlord: A person or organization who rents a property to another.
Tenant: A person who rents a property.
Security Deposit: A sum of money paid when a property is rented that the landlord holds until
the tenant moves out.

Prompt:
Last March you rented an apartment at 248 Jones Street, San Diego, CA 92110 from
Mr. Andrew Smith. The apartment has one bedroom and one bathroom. When you moved into
the apartment, the carpet had some stains but was clean. The walls had some dust and grime
on them and the bathroom had small amounts of mold. You told the landlord about these
conditions when you moved in. When you moved in, your paid Mr. Smith $2,000. The rent was
just $1,000 per month and the other $1,000 was for your security deposit.

After living in the apartment for over a year, you have decided to move out. You notified
your landlord a month ahead of time and moved out on March 31, 2018. When you moved out,
the carpet still had stains but you cleaned it to its condition when you moved in. It is a bit more
worn out because you have been walking on it for the past year but it is not excessive. You
washed the walls and were able to get most of the stains off that were there when you moved
in. Some of the window screens are getting old and have a few small holes and one of the towel
racks is beginning to come loose and is shaking a bit.

Fifteen days after you move out, your landlord sent you a letter informing you that you
will not be receiving any of your security deposit. He attached a list of the costs he incurred that
you can find below. Your job is to send him a letter asking for some or all of your deposit back.

Damage to property Repair cost

Carpet worn out $500 (to replace carpet) Receipt attached

Towel rack broken $200 (Labor = $150; New rack = $50) Receipt
attached

Walls stained $200 (Cost of paint and labor) No receipt

attached

Screens old with holes $100 (Cost to replace screens) Receipt

attached.

Grades:
This project is worth 50 points. You can find a rubric here and a sample here.
California Common Core Standards:
-Writing Standards 11-12.1 (Write arguments to support claims in an analysis using valid
reasoning and relevant and sufficient evidence.)

-Writing Standards 11-12.4 (Produce clear and coherent writing in which the development,
organization, and style are appropriate to task, purpose, and audience.)

-Language Standards 11-12.1 (Demonstrate command of conventions of standard English

grammar and usage when writing.)

-Language Standards 11-12.2 (Demonstrate command of the conventions of standard English

capitalization, punctuation, and spelling when writing.)

-Reading Information Standards 11-12.4 (Determine the meaning of words and phrases as
they are used in a text, including … technical meanings…)

Andrew Smith
248 Jones Street
San Diego, CA 92110
 January 8, 2019

Dear Mr. Smith,

I am writing this letter to inform you that withholding security deposit is not only wrong but
illegal. Blaming me for damages that are of the normal of wear and tear is not a acceptable
reason to withhold my security deposit.

I started to live in 248 Jones Street in March of last year. The conditions when I moved in were
ok, the carpet had some stains but was clean, the walls had somewhat dirty, and the bathroom
had small amounts of mold. I informed you about these conditions but there was no action taken.
A year later I decided to to move out and I left the place in the conditions that it was in or even
better than when I moved in.

According to Cal Civ Code § 1950.5(e). the landlord is not permitted to withhold the security
deposit for damages that had already existed prior to moving in. The stains in the carpet existed
when I moved in and it is not something that I should be charged for. Also the carpet as being
wore out and the window screens having holes in them is the cause of time which according to
Cal Civ Code § 1950.5(b)(2). and not something you can withhold my security deposit for.
Using my deposit for the walls is also unacceptable, the walls were cleaner than the day I moved
in {Cal Civ Code § 1950.5(b)(3).}. Charging me for the Towel rack however, is reasonable.

Though one of the repair cost makes sense to me I do not believe that you should withhold all of
my security deposit. I expect to get at least 800 dollars back because the rest of the repairs cost
are not reasonable to use my money to repairs those things. If I do not get my deposit back I will
not hesitate to take you to court.

I ask that you understand that you withholding the deposit is wrong morally and under the
California law. If you have any questions or would like to negotiate please contact me at (blank).

Sincerely,
Jada Pedron