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letter to martin

Keith W. Twombley (address removed) 09/05/2007

Manager Equity Partners Martin Property Management 137 Dotson, Suite 100 Ames, IA 50014 (515) 233-4531

Manager,

My name is Keith Twombley, formerly of 2526 Knapp Street, a house owned and rented out by Equity Partners and managed by Martin Property management.

According to the check-out procedures used by Martin Property Management, an agent of Equity Partners, I terminated my lease and checked out of my rental unit at 8:00 a.m. on the morning of July 31st, 2007. During that checkout I furnished an employee of Martin Property Management with my full name, and forwarding address in accordance with Iowa Code 562A.12.

Iowa law states:

562A.12.3. A landlord shall, within thirty days from the date of termination of the tenancy and receipt of the tenant's mailing address or delivery instructions, return the rental deposit to the tenant or furnish to the tenant a written statement showing the specific reason for withholding of the rental deposit or any portion thereof.

On the 4th of September I received a partial refund in the amount of $521.73 for my $650 deposit paid for the August 2006 – July 2007 lease period. This letter was postmarked August 31st, 2007 and the form inside, filled out by an employee of Martin Property Management, was dated August 31st 2007. Section 562A.8A of Iowa Code stipulates that time periods shall be calculated not including the first day, but including the last. This means that the thirty day time period started on August 1st 2007 and ended August 30th 2007. Equity Partners and Martin Property Management failed to provide a written statement within thirty days of the termination of my tenancy.

Further, Iowa Code 562A.12.4 clearly states the remedy for a late return of rental deposit:

562A.12. A landlord who fails to provide a written statement within thirty days of termination of the tenancy and receipt of the tenant's mailing address or delivery instructions shall forfeit all rights to withhold any portion of the rental deposit.

In accordance with Iowa law, please return to me the portion of my rental deposit you have retained. You may pay me in the form of a check made out to Keith Twombley for exactly $128.27 delivered to the same address provided to you on the 31st of July and also at the top of this letter. Thank you for a prompt response to this letter and resolution of this mistake.

Keith W. Twombley