So I have revised and edited 2 letters that I am sending to the LL tomorrow. I plan on going to Citibank to have those letters notarized by the branch manager and then they will be sent certified mail to the LL with April's rent.
Those letters read
Mr. LL,
After speaking with the police, the branch manager at Citibank in xxx, real estate agents and to numerous attorneys, they have all stated that I am under no obligation to pay you again for Marchs rent. You admitted to having the check in your possession, signing it with your name and account number. I have provided you all the information I have after spending countless hours at the bank and on the phone.
I cannot sign an affidavit of forgery because I have zero evidence that a case of forgery exists. I will not sign a document when on that document it states making any false statements is a crime. If you have evidence that a forgery exists then you need to fill out the form and contact your local authorities. I have spoken with my local police department and they said I cannot fill out any paperwork because no crime has been committed between either of us.
As per our lease agreement, after Aprils rent check all future rent checks will be put in an escrow account until you make the necessary repairs to the house. Those repairs include: repairing the backyard area and seeding the lawn where the cesspool was fixed. Fixing the pool cover so that it no longer sags allowing stagnant water to collect on top of it. Repairing the broken window in the master bedroom. A request to fix those items were given to you as far back as November 2011 and have still not been fixed.
We also will not require any further deliveries of oil. Any future deliveries by xxx Fuel Oil company will be denied. If the tank is filled by xxx when we are not home then it will be your responsibility to make payment. There is nothing in our lease that states we are required to continue your contract with xxx Fuel Oil company. As of right now the tank of 550 gallons is full. According to our lease agreement, you will be responsible for every gallon at a rate of $4.00 per gallon.
This letter is to inform you of the current status of requested repairs and protocol for future communications. If you would like to discuss any of these issues further please contact my attorney.
Thank you,
TJ
2nd letter
Mr. LL,
As per our previous communications you stated that ....Citi told you that the money was deposited into Chase. I do not own a chase account. According to the information I received from my bank (Citibank), that is not accurate. Citibank has indicated that the March 2012 rent check was received by JP Morgan Chase bank. That does not mean it was deposited into a Chase account but rather the check was cashed by that financial institution.
(Picture of text message with the quoted information enclosed)
Included in the certified letter you sent to me was a check for your portion of Marchs oil delivery. That check #xxx which has your name, address and signature on it is from a Chase Bank. I have included a copy of that check with that information circled and highlighted. This is now the 2nd time you have not told the truth in regards to Marchs rent check. If you want to continue sending me letters that Marchs rent needs to be paid a second time I will bring charges of fraud and harassment against you and your LLC. Please be advised that all of our communications via email and text have been recorded and have been forwarded to my attorney.
(Picture of March's oil check from LL enclosed)
I am also returning that same check for oil to you since it is not in the correct amount. The COD rate on March 5, 2012 was $3.759. You were billed $4.199. That is a difference of $0.44 per gallon. Since we are splitting that amount your total amount owed is $0.22 x 200 = $44.00 + $10.50 (tax) = $54.50. This total is due no later than April 2, 2012.
Thank you,
TJ