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Old 07-18-2013, 11:38 AM   #29
JoeRedskin
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Join Date: Mar 2004
Location: Second Star On The Right
Age: 63
Posts: 10,401
Re: Flooring Question

Well, I certainly would request the quotes, receipts, etc. Once you have them, find a flooring guy and painter who will give you a lower written estimate based on the numbers/info provided. Take those numbers back to the property owner and ask them, in writing, to match your numbers because: (1) No proper walk through was done so you still dispute the flooring issue entirely; and (2) Painting costs excessive and had only agreed to original numbers for settlement purposes. Now, b/c they are contesting flooring, your original offer on painting is off the table as it is also your belief that the repainting is simply reasonable wear for which you are not responsible.

If it was me, I would make one more solid push and give them a low number ($300 for everything) based on some estimates. Try for a good "split the difference" number by lowballing. See what they come back with. If they knock a few more bucks off, take it and call it a day unless you want to start spending money to get less back (i.e. it's the principle of the thing). Right now they are w/holding $625.00. If they come back in the $400-$500 range, I can see you spending that much just to retain an attorney - that's ~3 to 4 hours work at $125/hr (which is a pretty reasonable rate in Baltimore, may be much more in Northern VA).

Do as much as you can on your own and with the help of the mediator. Admit nothing. Contest everything - and have facts, documents and evidence to back yourself up. Every moment you make them work is another moment they need to spend money to hold onto money. If you were actually to file a pro se suit, they would need to pay their attorney to show up. Just as you are doing a cost analysis. So are they.

At the same time, they aren't stressing. At all. They are counting on the fact that you are. Push, push, push for the best deal and spend as little as possible. Send the request for the receipts certified. Indicate you are simply trying to verify costs and, as always, are simply seeking a reasonable resolution to the issue. Never let them see you sweat. Always convery calmly but firmly that you are simply trying to reasonably resolve an issue in matter where you believe you have done no wrong but have been denied a real opportunity to contest that wrong by their violation of the notice/walk through laws.

Write every letter not just for them but also for the judge to read later.

W/out threatening, let them know in every letter you write (remember the judge is also reading this) that you believed you are wronged and will fight this matter on principle - even if you have to spend some money to do so. Give them good factual and legal grounds for them to believe that you will go further. At same time, always end with an expressed desire to resolve it reasonably for an amount that is fair.

Then take the money and run ... They will never return the entire deposit without a court order and, to get that order, you will spend good money for an uncertain result.
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Last edited by JoeRedskin; 07-18-2013 at 11:44 AM.
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