morello demand letter

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Demand Letter Sample

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DBP LAW LETTERHEAD21 October 2013

MARIETTA D. ROSARIOALEJANDRO A. ROSARIO, JR.J.C. DEL ROSARIOc/o Jaltar Corporation#33 Mary St., CubaoQuezon City

RE:Residential Lease Agreement with George H. Morello, Jr.

Dear Sirs and Madame:

We write on behalf of our client, Mr. George H. Morello, Jr. He engaged the firms services to assist him in recovering the amount of SEVENTY FIVE THOUSAND PESOS (P75,000.00) as compensation for the actual and moral damages he suffered during his stay in your condominium unit at Unit 16-I Kensington Place, Fort Bonifacio Global, Taguig City. You are aware that a Residential Lease Agreement (Agreement) for the said condominium unit was entered into between our client and Jaltar Corporation on 26 October 2011, commencing on 1 November 2011 until 31 October 2012. Pursuant to the Agreement

As early as December 2011, our client, during a meeting with Mr. Alejandro Rosario, Jr., had already complained to you that the exhaust fan over the stove burners and the guest bathroom fan were not in good working condition. He was advised that outside help would clean or replace the same, but nothing was done thereto. (29Aug2012 email)

On 11 February 2012, our client once again requested a meeting in your office but nobody bothered to at least send him a reply to reject his request; it was simply ignored. At three (3) instances in July 2012, our client complained about three (3) of your appliances, namely, the dryer, refrigerator, and microwave oven, but again, no reply came from your end. The refrigerator had to be defrosted thrice in a week so that their food would not spoil; while the dryer would need two (2) hours to dry a medium-sized load, which caused our clients electricity bill to shoot way higher than the usual. He even manifested his intention to submit to your advice that if he would replace any appliance in the unit, he would be reimbursed for the amount paid for the same. He awaited your advice therefor, but the same was once again, ignored.

On 28 August 2012, our client informed your office, through email, that he already rented two (2) appliances, a refrigerator and a dryer, as the ones you had supplied were old and were beginning to be dysfunctional. At one point, our clients nurse, Ms. Shiela Doria, was lucky enough not to have gotten herself injured when she was trying to light up the oven when it suddenly exploded. Our client asked that the oven be repaired immediately as it posed a huge danger not only to them as tenants, but to all the other occupants of Kensington Place. Surprisingly, it was only on 5 September 2012 that Ms. Marietta replied to our client, saying a new refrigerator was delivered to the aforesaid unit but Ms. Doria refused to accept the same. Thus, as early as 5 August 2012, our client had been asking for a months rental to be refunded due to all the possible danger to his and his nurses life, serious anxieties, and utter frustrations he had suffered from your continuous blatant disregard of his legitimate concerns.

A series of emails were then made by our client to you reiterating his demand for reimbursement amounting to a months rent. It was only in January 2013 when Ms. Marietta replied, threatening our client for a possible lawsuit because of a mere uncleared check for a months rent which had already been addressed by our client as early as 30 August 2012. At any rate, he vacated your condominium unit without any outstanding obligation as he had paid a total of NINE HUNDRED THOUSAND PESOS (Php900,000.00) or equivalent to a 12-month rent for 75,000.00/month.

9,000 for defrosting refrigerator (300php x 30 weeks)4months rental ofRef 12,000Dryer 8,00012,000 painting worksCooking wares 6685Damages from Civil Code, see arts 19-25

Very truly yours,

Atty. Jovito T. BarteFor the Firm