Sample opinion letter

Sample opinion letter

1. LAW OFFICES OF
JONES & GARCÍA, S.C.
Dedicated ■ Thorough ■ Trustworthy
445 E. Main Blvd.
Justice Way, WI 55555
Telephone: [phone] Fax: [phone]

ATTORNEYS:
Bradley Jones
María García

PARALEGALS:
John Vaughn
Tim Smith





October 1, 2014


Mr. Albert Tenant
123 Shortage Rd.
Big City, WI 56789


RE: Opinion letter to Mr. Albert Tenant
Our File No.: 12345


Dear Mr. Tenant:


We enjoyed meeting you last week. As you requested, our law firm has researched whether you
have a claim for legal action against Shoreline Rentals, LLC for not returning your security
deposit to you after you vacated the apartment on April 30, 2014. As we understand them, the
facts are as follows: you entered into a one-year lease with Ms. Sandy Manajar of Shoreline
Rentals, LLC dated June 1, 2012 to May 31, 2013. The monthly rent amount was $1,400, and
you paid a security deposit in the amount of $2,800 that Shoreline Rentals, LLC has not yet
returned to you. Neither you nor Shoreline Rentals, LLC renewed the lease after it expired, and
as a result, you were on a month-to-month tenancy from June 1, 2013 to April 30, 2014.
Although you and Shoreline Rentals, LLC did not have a written contract concerning repairs you
made to the home, Ms. Manajar credited you one month’s rent for installing shelving in the
apartment valued at $500 but did not credit you for replacing the old, warped balcony doors with
new glass sliding doors valued at $800. Contrary to Ms. Manajar’s statement, you left the
apartment spotlessly clean when you vacated it on April 30, 2014. You took no photographs or
video of the apartment’s condition after you vacated it. You mailed Ms. Manajar your letter of
intent to vacate in mid-April and later sent her the two keys to the apartment to her most current
address.

The most recent pertinent Wisconsin statutes that govern landlord/tenant law state that a landlord
has 21 days after the tenant vacates the property to provide the tenant with a detailed statement
of damages and to return the remaining balance of the security deposit. Shoreline Rentals, LLC
has done neither, which means you are able to sue Shoreline Rentals, LLC for twice the amount
of the security deposit plus attorney’s fees.

However, Ms. Manajar stated that the shelving you installed in the apartment was defective and
that she had to remove it. Because you and she did not have a written contract and due to the
apparent lack of quality craftsmanship, Shoreline Rentals, LLC may be entitled to the rent with
which they credited you for installing the bookshelf. Additionally, Wisconsin statutes state that a

2. Mr. Albert Tenant letter (File No. 12345)
Page Two
September 21, 2014

tenant must provide a landlord with at least 28 days’ notice prior to vacating the dwelling. You
mailed your notice to vacate to Ms. Manajar during mid-April, and the law presumes that she
would have received it two days later. Unfortunately, Ms. Manajar claims that, despite the fact
she provided you with her new mailing address, you sent the notice of intent to vacate to her
previous address. She therefore did not receive the letter until May 12, 2014. Thus, a court
would almost certainly rule that you should also be responsible for paying the rent for May and
June 2014.

Finally, Ms. Manajar’s attorney has informed us that she had to utilize a cleaning service to
sanitize the apartment after you moved out. The cleaning service took extensive photographs of
the apartment, which appear to show you left it in a state of disrepair. The cleaning service also
repainted the apartment.

Based upon the facts you have provided us and the applicable law in Wisconsin as of today’s
date, it is our opinion that suing Shoreline Rentals, LLC might be worthwhile. You would be
entitled to twice the amount of your security deposit, i.e., $5,600, but would also likely be
responsible for May and June’s rent in the amount of $2,800. If Shoreline Rentals, LLC were
able to prove that the craftsmanship was shoddy, you would be responsible for reimbursing
Shoreline Rentals, LLC for the credit you were initially given in building the shelves and the
expenses incurred from removing them. Some, if not all, attorney’s fees are also recoverable. If
you were to win the lawsuit, you will realistically be looking at a judgment in the amount of
between $1,000 and $2,800. It is possible that the court rule in favor of the defendant and
dismiss the lawsuit altogether, although that scenario seems unlikely. We would therefore
suggest that you first attempt to negotiate directly with Shoreline Rentals, LLC in order to reach
a settlement. At the same time, we realize that you are our client, and the decision whether or
not to initiate litigation is yours to make. If you are unable to successfully negotiate with
Shoreline Rentals, LLC, and if you wish to take legal action, please contact our office so that we
can determine together how to proceed.

Sincerely,


John Vaughn
Paralegal

Enclosure

c: File

JWV:jwv