Question
Draft only the thelegal basis sectionfor your Demand Letter using the case facts below? Analyze and explain the cases and statutes relevant to Folly's case
Draft only the thelegal basis sectionfor your Demand Letter using the case facts below? Analyze and explain the cases and statutes relevant to Folly's case as they relate to Folly's request for relief/damages.
Mr. Lemmonaid was in a bind as he could not afford to pay his rent. He decided to skip town but before he did, he stopped by the pub and told Ms. Folly she could have his apartment. He said that the landlord was very nice and would have no problem with her moving in as long as the rent was paid on time. Ms. Folly was elated. The apartment was affordable, large enough for her and her two children, and within walking distance to the twins' elementary school.
Ms. Folly paid $250 to Lemmonaid for his security deposit under the lease and Lemmonaid gave her a copy of the lease. She and her twins moved in that same day. Ms. Folly took over Mr. Lemmonaid's rent payments, sending them directly to College Park Apartments, and enjoyed her new apartment for the next six months. Neither Mr. Helmsley nor the apartment manager, Betsy Evans, noticed that Mr. Lemmonaid no longer lived at the apartment complex until one day when Mr. Helmsley smelled smoke coming from Apartment 1-B.
Mr. Helmsley found Ms. Folly frantically running around the kitchen; she was baking pies for a church fundraiser and one of the pies had burned in the electric oven. The following morning Mr. Helmsley delivered a letter to Ms. Folly written on College Park Apartments letterhead declaring that the lease was "null and void and cancelled" because it had been assigned to her without written consent. Additionally, Mr. Helmsley wrote that "The past, present and/or continued acceptance of checks that we receive as payment of rent shall not be construed as approval of assignment of the lease by Mr. Lemmonaid..." Despite this letter, Mr. Helmsley continued to accept rent from Ms. Folly for several months, until Betsy Evans noticed Ms. Folly occasionally carrying pies out to her car. One morning, Betsy greeted Ms. Folly as she entered the building and asked about the pies. Ms. Folly told Ms. Evans that she was now selling pies to church members for their family dinners and special occasions. Through the church fundraiser, she had stumbled upon an untapped market for her pies, and the orders had begun to pour in. She bakes about ten pies per week and sells them to church members at a price that is just enough to cover her cost for ingredients. She delivers all the pies baked in her apartment kitchen to church members. Sometimes, the church lets her bake pies in the church kitchen oven. Mr. Helmsley, believing this to be a violation of the lease, has sent Ms. Folly a note stating that, even if she had a lease with him, he intends to repossess the apartment by evicting her for carrying on a commercial activity in the apartment that is to be used only for a residence.
More than 60 days have passed since Mr. Helmsley's letter. Since the date of the letter, College Park Apartments has continued to accept Ms. Folly's rent payments.
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