5/30/09. A review of the lease and the actions of the parties during this period of time is in order
to resolve this issue.
The plaintiff testified that she told the landlord on 4/15/09 she would be leaving the
leasehold by April 1, 2009 rather than 5/10/09, the date she assumed was the last day of the lease
term. She testified that the defendant agreed to this 4/15/09 and agreed to refund the $850
security deposit after a walk through scheduled for 4/28/09—a date set by the plaintiff as
she expected to terminate the power bill as of 5/1/09 because she wanted to do any clean-up
requested after the walk through before 5/1/09 when the power bill would be terminated in her
name.
She said that after the 4/28/09 walk through, save for a few minor points about the premises
condition (she corrected) the landlord said he was satisfied and the security deposit [*8]would be returned. The defendant agreed in Court that the premises
were left in an acceptable condition by the plaintiff. She said the defendant promised to mail a
check for the security deposit immediately. Thereafter when the check did not arrive after 4/1/09
she made several calls to the defendant about when the $850 was to be expected and each time
she was put off by the defendant saying the check was "in the mail."
On 5/12/09 she sent a letter to the defendant (Ex-B) outlining the events from the time she
advised the defendant she was leaving until 5/12/09 at which point she still had not been given
the $850 due her by the defendant's own promise. This letter written contemporaneously with the
events surrounding the termination of the lease during April 2009 before she left and May 2009
after she left reflects in reliable and accurate detail the interaction of the parties