Claimant credibly testified that she had paid rent for November and December 2020, and that
she vacated the apartment in mid-December 2020. For the purposes of this lawsuit, claimant
stipulated that December 31, 2020 would be deemed the official date that claimant vacated and
surrendered possession of the apartment.
Claimant credibly testified that, around the end of January and in February 2021, she
telephoned and emailed Kirschner regarding the return of her security deposit, and that he did not
return any calls.
On March 3, 2021, claimant sent, via certified mail with return receipt requested, a letter to
Kirschner, demanding a return of her security deposit (Plaintiff's exhibit C, certified mail receipt
and signed return receipt).
Claimant's letter dated March 3, 2021 states, in relevant part, "The exact amount of the
security deposit as per my lease is $1,734.76 plus all interest on it. . . . I demand a refund in the
amount of $1,734.76 plus all interest earned on it, and if I do not receive this within 10
days mailed to my name/address below, I will bring a proceeding in small claims court"
(Plaintiff's exhibit C, letter).
In March 2021, claimant contacted Assemblymember Linda B. Rosenthal for assistance in
getting her security deposit returned (Plaintiff's Exhibit H). Assemblymember Rosenthal emailed
Kirschner with a letter from claimant regarding her security deposit (Plaintiff's Exhibit G).
On May 28, 2021, Kirschner emailed Assemblymember Rosenthal, stating, "We have spoken
to your office on the phone about this matter. First, we have video of Arlene Karole still going in
and out of the building for months after she supposedly vacated the apartment and collecting her