Advise a former tenant whether her landlord may keep her deposit and what she can recover. You have 60 minutes. To: Associate. Use the File and the Library only, then compare your draft with the rubric and the model answer below.
The assignment
To: Associate. From: Sara Whitfield, Partner. Re: Iwu, security deposit. Our client, Adaeze Iwu, moved out of her apartment on June 30, and her landlord, Pine Hollow Rentals, kept her whole $1,800 deposit and sent a list of charges. Please draft a plain-language letter to Ms. Iwu explaining whether the deductions are allowed, what she can recover, and what she should do next. Use only the Library.
File
Client interview
Ms. Iwu rented for two years. She gave written notice and left the apartment clean on June 30, and she gave the landlord her new address on that day. On July 25, twenty-five days later, she received a letter from Pine Hollow keeping the full $1,800 for $650 in carpet cleaning, $500 for repainting, and $650 for 'general wear.' The carpets were old, and the paint was the same color as when she moved in two years ago. Her move-in photos show worn carpet and faded paint. The landlord did not send receipts.
Pine Hollow's letter
We are keeping your $1,800 deposit for cleaning, painting, and wear and tear in the unit.
Library
Landlord and Tenant Act, section 9-412 (Franklin)
Within 30 days after a tenant leaves and gives a forwarding address, the landlord must return the deposit, or send an itemized list of deductions with receipts or estimates for each, and the balance. A landlord may deduct only for unpaid rent and for damage beyond ordinary wear and tear. A landlord who keeps a deposit in bad faith is liable for twice the amount wrongfully withheld, plus costs.
A landlord kept a deposit to repaint after a two-year lease. Held: repainting and cleaning after normal use are ordinary wear and tear and may not be charged to the tenant. The landlord bears the burden of proving damage beyond wear and tear. A landlord who fails to give receipts or estimates does not comply with the itemization requirement.
A landlord kept a deposit for items that were plainly ordinary wear, and failed to itemize. Held: bad faith may be inferred where a landlord withholds the entire deposit for charges the statute does not allow, and the tenant recovers double the wrongfully withheld amount. The court noted that good faith is a question of fact and a landlord who acts on a reasonable mistake may avoid the penalty.
What graders look for in this task
Graders score a response against these criteria, and every one of them depends on using only the facts in the File and only the rules in the Library, so treat the list as a check for your draft after the first pass and again before you stop writing.
Writes in plain language addressed to Ms. Iwu
States the 30-day deadline and notes the landlord sent the letter within it
Explains that the landlord failed to include receipts or estimates
Applies Okonkwo to say cleaning and repainting after a two-year lease are ordinary wear
Notes the landlord bears the burden and Ms. Iwu has move-in photos
Explains double damages for bad faith and Sabatino's inference
Warns that good faith is a question of fact and no outcome is guaranteed