50-114 Residence Homestead Exemption Application

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July 3, 2018

Michelle Thomas Via Emails and Federal Express


1727 West 10th Street
Austin, Texas 78703
info@homestead-resources.com
and
mthomaslandman@aol.com

Re: Damage to Rental Property and Online Reviews of Capitol Hill Stay and Furnished Housing
in Austin

Dear Ms. Thomas:

Please be advised that I represent Brian Stansberry and Phil Risinger pertaining to
matters related to your tenancy at the above listed residence. Here is the timeline of events as we
understand them:

(1) You entered into a lease with my clients on January 16, 2018, to run until July 31, 2018
for the residence located at 1727 West 10th Street, Austin, Texas 78703 (the
“residence”). This lease provided for the payment of attorneys’ fees in the event of a
dispute.

(2) On February 4, 2018, you locked yourself out of the residence. You pushed your way in,
damaging the door.

(3) On April 23, 2018, you reported that your “problematic ex” (to whom you had given the
code to the front door) came by and damaged the door in a break-in attempt. You texted
my clients offering to “repair any damage.” The next day, my clients recoded the lock
and engaged a door repairman. On April 26, the repairman determined that you and your
ex had damaged the door beyond repair, requiring a replacement estimated to cost
$2,044.

(4) Prior to April 26, your interactions with my clients were cordial and professional.
However, after my clients presented you with the estimate for replacing the door, you
became hostile towards them. You retracted your offer to pay for the door damage. You
attempted to void your lease and made continued communication and access
unreasonably difficult, abusive, and unprofessional.
Furnished Housing: Demand to Ms. Thomas
July 3, 2018
Page 2 of 4

(5) On June 25, you posted a review of my client’s Austin residence on Google. Curiously,
you also posted the same review on the page of their Washington D.C. based rental
property, although you have never lived there. As such, all statements made in your
Washington D.C. review are verifiably false. Your Washington D.C. posting may further
be in violation of Washington D.C. laws regarding intentionally singling out my clients
based on their sexual orientation, and my clients may pursue their remedies for such a
violation in addition to those for violations of Texas law discussed below. Further, your
wholly unnecessary reference to my clients’ sexual orientation demonstrates malice,
which may subject you to exemplary damages. The statements in your Austin review are
likewise false, and so my clients request a retraction of both reviews (see below).

(6) On June 29, as my clients were attempting to schedule an air conditioning repair, you told
them to “get their s*** together.” You also threatened to call the local news with the
story.

RETRACTION REQUEST PUSUANT TO TEXAS CIVIL PRACTICE AND REMEDIES


CODE CHAPTER 73

My clients request that you retract the following statements. “Retraction” means a public
acknowledgment that your previous statement was false.

A. Your Google Review of my Clients’ Washington D.C. Property on or around June


29th

As stated above, you have never stayed at or been to my clients’ Washington D.C. property.
Thus, all statements contained in the Washington D.C. review are verifiably false or made with
reckless disregard for the truth. The statements contained therein all malign my clients’ business
and leave a reader with the impression that my clients are sub-standard and vindictive landlords,
which could not be further from the truth. We request that you remove that defamatory review in
its entirety from the internet and post a retraction on each and every social media platform on
which you have an account.

B. Your Google Review of my Clients’ Austin Property on or around June 29th

Your review of my clients’ Austin property contains many assertions that are false and that
you know to be false: (1) You assert that my clients left you with “no choice” but to buy and
install your own window unit. This statement is false and you know it to be false. My clients
offered and encouraged you to accept their offer to purchase an AC unit for you. You turned
them down, and instead insisted on the one you already own. We request that you remove that
false and defamatory statement and post a retraction on each and every social media platform on
which you have an account. (2) The issues you presented in that review are generally inaccurate
because you leave out details of your hostile and abusive correspondence and unprofessional
behavior. Therefore, you cast my clients in a false light and leave a reader with the impression
that my clients are vindictive landlords, which could not be further from the truth. We therefore
request that you remove the review in its entirety and post a retraction on each and every social
media platform on which you have an account.
Furnished Housing: Demand to Ms. Thomas
July 3, 2018
Page 3 of 4

These requests for retraction are precursors to potential litigation against you for defaming
my clients’ businesses. Damages may include injury to my clients’ sterling reputation, loss of
income, and exemplary damages in an amount to be determined by a jury.

OFFER OF SETTLEMENT

However, it does not need to come to that. If you agree to: (1) pay the $2,040 cost of
replacing the door you broke; (2) pay the $1,740 in attorneys’ fees my clients have incurred in
this matter; (3) delete your reviews of both Capitol Hill Stay and Furnished Housing in Austin;
(4) agree to refrain from posting any additional reviews; and (5) agree to not impede my clients’
businesses in any way going forward, then my clients will agree to release any all claims they
have against you (except for physical damage to the residence beyond the door), terminate your
lease, and refund the unused portion of your July rent. This offer will remain open until July 9th
at 5 p.m., at which point the offer will terminate and my clients will have no choice but to pursue
their legal and equitable remedies in a court of law.

Ms. Thomas, it is important that you respond to this letter promptly. The longer this
matter drags on, the more attorneys’ fees my clients will be entitled to under the lease. The
damages from your defamatory statements will likewise increase. However, if you accept our
offer, your liability will not exceed the amount set forth in our offer above (excepting any
damage to the residence beyond the door). Please contact me and do not contact my clients
directly. If we do not hear from you by the above deadline, or if you refuse our offer, we will
have no choice but to pursue legal and equitable remedies on behalf of our clients. If you would
like to discuss a resolution to this matter, please feel free to call me at any time.

Very truly yours,

Pierce P. MacGuire
Pierce P. MacGuire
Furnished Housing: Demand to Ms. Thomas
July 3, 2018
Page 4 of 4

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