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Channel Point Apartments and IQ International are fraudulent businesses that act in bad faith and should be punished

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FACTS:

On July 17, 2015, I signed a one-year-lease with Channel Point. Due to health, I explained that I had to leave for England for Chemotherapy.
I was assured the apartment would immediately be put in the market.
I left February 18, 2016. I called the several times wondering about the delay of contacting me. I offered to pay for March and following months until the apartment rented; they refused planning to defraud me. They remodeled the apartment on my expense and made it available in June.
AR waited until the end of the lease to contact me, which is against Article 11 in the contract. A tenant informed me that the apartment was being refurbished.
Representative, Parker, confessed in e-mail dated July 12, 2016, that indeed they had the apartment renovated. He wrote: “Had you honored the lease, we would have remodeled the apartment on our own time.”

I have filed a law suit against them and the court session is on June 20, 2017.

Here is a letter from my attorney

6528 Greenleaf Avenue Suite 202
Whittier, CA 90601
Office: 562-236-9646
Fax: 562-309-8492
Joseph@HeneinLaw.com
1 | P a g e
Law Office of Joseph F. Henein
Joseph F. Henein, Esq.

Attention:
Bixby Village Apartments
5926 Bixby Village Dr.
Long Beach, CA 90802

NOTICE OF LANDLORD’S DUTY TO MITIGATE DAMAGES

Re: Sabri Bebawi

This letter is in regards to the dispute between Landlord and Tenant Dr. Sabri
Bebawi for the alleged violation of the lease agreement.

The law provides a duty to mitigate damages exists and one cannot recover losses
it could have avoided through reasonable efforts. [Thrifty-Tel, Inc. v. Bezenek (1996), 46
Cal. App. 4th 1559, 1568-1569]. Thus failing to put the property on the market after the
tenant named herein moved out demonstrates a breach of your duty to mitigate damages.

It has been the policy of the courts to promote the mitigation of damages. A
plaintiff cannot be compensated for damages which he could have avoided by reasonable
effort or expenditures. [Green v. Smith (1968), 261 Cal. App. 2d 392, 396].

The facts will demonstrate that the apartment in question was not in need of remodeling and the
remodeling was not required to rent the apartment, instead the Landlord decided to
remodel the apartment solely out of preference and not for the purpose of renting the
apartment. The Landlord’s decision kept the property off the market longer than
necessary. Thus, this indicates that the Landlord could have mitigated damages and could
have rented the apartment much sooner had the Landlord placed the apartment for rent on
the market.

In other words, the Landlord has to make a reasonable effort and take appropriate
steps to re-rent the vacated premises in order to avoid excess damages. Therefore,
Law Office of Joseph F. Henein
Joseph F. Henein, Esq.
6528 Greenleaf Avenue Suite 202
Whittier, CA 90601
Office: 562-236-9646
Fax: 562-309-8492
Joseph@HeneinLaw.com

Remodeling a property not in need of remodeling and doing so at the expense of the
Tenant, demonstrates the Landlord’s failure to reasonably mitigate damages and bad faith
on the part of the Landlord.

Dr. Sabri Bebawi understands the legal relevance of his lease; however the duty to
mitigate damages is in issue here. As indicated above, since the Landlord failed to
mitigate damages and failed to place the property on the market. Thus Dr. Bebawi,
should not be liable for any amount alleged by the Landlord due to the Landlord’s failure
to mitigate damages.

Within 15 days of the date of this letter, please release Dr. Bebawi from any rents
alleged by the Landlord. In addition, please provide my office with an updated statement
showing Dr. Sabri Bebawi with a zero balance.

I look forward to amicably resolving this case with your company.

Truly Yours,
Joseph F. Henein, Esq.




Good that you filed the lawsuit and has got the judgment in favor of you. Your story will surely inspire others.

Sub: #1 posted on Mon, 06/12/2017 - 18:24

Good Nelly Good Nelly
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(Posts: 2645 | Credits: 530.34)

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