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Assignment: You are working as a paralegal for Justice Fore, Esq. and have been asked to review the facts presented, research to determine the appropriate action and draft a demand letter.
Please see the facts below:
Brianna Majors lives at 220 East Street, Orange Beach, Alabama, 36561, in apartment 102. Brianna is differently abled and uses assistance devices for mobility including a motorized wheeled chair or a walker. Brianna has lived at this residence for six years. When she moved into the apartment, the landlord updated the space to meet ADA guidelines for accessibility as well as expanding the pathway to accommodate wheeled devices. Brianna loves living there. Recently, the landlord passed away and the property was sold to a large corporation, Rentals4U. Rentals4U corporate is located at 112233 City Ranch Road, Birmingham, Alabama, 35203. Rentals4U is now the landlord and owner of Brianna’s apartment and to whom she is sending her $2600 monthly rental fee. There is no longer a manager on site, and she must call an 800 number to speak to anyone about the property.
The current lease includes the following language:
“In the event of a hurricane or other severe storm, the Landlord shall keep the property free of obstacles and hazards on all accessways, passages and pathways. The Landlord will be responsible for securing the building, including installation of hurricane shutters, and securing of the premises surrounding prior to the storm. The resident will be responsible for securing their personal items and any outside items prior to the storm’s arrival. Within 24 hours following the storm, Residents shall notice the Landlord of any damage sustained by calling the main office and an evaluation shall be completed by Landlord. If it is found the storm resulted in damage to the building or our surrounding areas, the Landlord will seek to remedy any damages or remove any debris within 48 hours. The Landlord will facilitate further remediation and repairs as soon as possible at the Landlord’s cost. If the premise is found to be uninhabitable, the resident will be responsible for their own accommodation until such time as the building can be restored but will not be responsible for pro-rated rent during the disruption.”
One week ago, Tropical Storm Igor blew through causing wind and flood damage across the area. Brianna took great lengths to secure her apartment from flooding, managing to keep the water at bay. However, her neighbor was traveling outside the country and did not prepare his residence. The flood water reached 2 inches inside the home and seeped through to Brianna’s adjoining wall. Further, a large crepe myrtle tree fell over in the storm, completely blocking the entrance to the building. Brianna is unable to access the building from the front and must wheel over terrain to get to the side door of her apartment as the pathway has been washed out. Brianna called the 800 number and left a message for Rentals4U the day after the storm explaining the damage and the blocking of the accessway. She has called daily every day since. After day three, the mold smell started to permeate her residence and she became quite concerned.
Four days after the storm, Brianna consulted a mold remediation company to help combat the mold forming from the lack of repair to the unit next door. She contacted her neighbor who will not be home for another four weeks. He has granted her permission to enter his residence, air it out and begin remediation. He reminded Brianna that the lease contains a clause about storms and their responsibility is to contact the Landlord. The Landlord is responsible for the costs of repairs, but Brianna does not want to wait any longer for fear the mold will create further health concerns for her and completely ruin the walls in his apartment. Further, the Landlord is not responding to her calls or messages. The remediation company will charge $3,800 to take care of the mold in the apartments and needs to begin as soon as possible to prevent continuing damage, further costs, and potential health implications for residents. Further after the fourth day, Brianna paid a tree service at $560 to remove the fallen tree, so that she could have the needed access to her apartment.
Brianna has come into the office today, 8 days after the storm, to get some help enforcing the lease terms with Rentals4U. Brianna would like to have the company make good on their agreement and provide the support and repair necessary for the building and reimburse the costs incurred to remediate the damage. Brianna believes that she should be able to recoup the money paid for the cost of the tree removal. She would like the mold remediation to begin immediately as if it continues to grow, she will need to seek another place to stay until it has been removed.
Please construct a demand letter to Rentals4U outlining their obligations under the lease to assess and make repairs to the building. Further, include a monetary demand for reimbursement of the costs incurred by Brianna to secure her premises from further damage. The letter should be 1-2 pages (single spaced) outlining both the obligations of the Landlords to the renter and the efforts undertaken on prevent further damages to the property. Please use the template with letterhead included. Provide a specific time frame in which a response is expected and if not met, the potential remedy Brianna will seek.
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