1 00:00:00,567 --> 00:00:02,800 {\an8}You lived with him in his home? 2 00:00:02,934 --> 00:00:05,166 - Yes, ma'am. - There was a dispute. 3 00:00:05,233 --> 00:00:07,834 I received partial or no rent payments. 4 00:00:07,900 --> 00:00:10,467 - As a result of this harassment? - That's correct. 5 00:00:11,066 --> 00:00:14,700 Ridiculous. Do you know my husband harasses me every day? 6 00:00:16,166 --> 00:00:18,333 This is Judy Justice. 7 00:00:35,767 --> 00:00:40,233 {\an8}Mark Mikelonis is suing his former roommate Christopher Robertson 8 00:00:40,300 --> 00:00:44,166 for rent, a security deposit and stolen property. 9 00:00:44,233 --> 00:00:46,200 Court come to order. All rise. 10 00:00:46,266 --> 00:00:47,200 Have a seat, please. 11 00:00:49,133 --> 00:00:53,333 Hello, Judge. Case 2066. Mikelonis versus Robertson. 12 00:00:53,400 --> 00:00:54,767 - Thank you. - You're welcome. 13 00:00:55,500 --> 00:00:58,533 Mr. Robertson, how long had you been living 14 00:00:58,600 --> 00:01:02,900 in your apartment prior to renting a room to the plaintiff? 15 00:01:02,967 --> 00:01:04,700 I believe it was about three years. 16 00:01:04,767 --> 00:01:06,667 You had been living there by yourself? 17 00:01:06,734 --> 00:01:08,700 No, I had roommates previously. 18 00:01:08,767 --> 00:01:10,467 When did the plaintiff move in? 19 00:01:10,533 --> 00:01:14,400 I believe that it was January 1st of 2017. 20 00:01:14,467 --> 00:01:16,800 - 2017? - It may have been 2018. 21 00:01:16,867 --> 00:01:19,433 - It was the first, I forget. - It was 2018. 22 00:01:19,500 --> 00:01:20,500 {\an8}That's correct. 23 00:01:20,567 --> 00:01:22,767 How long did he live there with you? 24 00:01:22,834 --> 00:01:26,834 {\an8}He lived there with me until September of 2021. 25 00:01:26,900 --> 00:01:28,734 - So far, that correct, sir? - Yes, ma'am. 26 00:01:28,800 --> 00:01:31,266 So now let me understand this lawsuit. 27 00:01:31,333 --> 00:01:34,934 Mr. Robertson lived in his apartment for three years. 28 00:01:35,000 --> 00:01:36,867 You answered an ad for a room. 29 00:01:36,934 --> 00:01:40,533 You lived with him in his home as a tenant 30 00:01:40,600 --> 00:01:46,033 {\an8}from January 2018 until September 2021. 31 00:01:46,100 --> 00:01:49,600 - {\an8}- - Correct. At that time there was a dispute. 32 00:01:49,667 --> 00:01:51,767 We will get into that in a moment. 33 00:01:51,834 --> 00:01:54,567 There was a dispute. During part of that time, 34 00:01:54,633 --> 00:01:57,266 Mr. Mikelonis, you did not pay rent. 35 00:01:57,333 --> 00:01:59,567 - Is that correct? During COVID? - That's correct. 36 00:01:59,633 --> 00:02:02,266 For what period of time did you not pay rent? 37 00:02:02,333 --> 00:02:04,467 Um, there was, I-- Uh... 38 00:02:04,533 --> 00:02:06,433 Give me how many months did not pay rent. 39 00:02:06,500 --> 00:02:07,533 There was... 40 00:02:07,600 --> 00:02:08,967 You don't have to think out loud. 41 00:02:09,033 --> 00:02:13,500 How many months between January of 2018 42 00:02:13,567 --> 00:02:17,767 and September 2021 did you not pay rent? 43 00:02:17,834 --> 00:02:20,400 - {\an8}- - Give me a number that's a number. - There was four months. 44 00:02:20,467 --> 00:02:22,700 {\an8}Some--some months I paid partial rent, 45 00:02:22,767 --> 00:02:25,533 So there were four months that I did not pay any rent. 46 00:02:25,600 --> 00:02:27,100 Four months, no rent. 47 00:02:27,166 --> 00:02:29,633 And how many months did you pay partial rent? 48 00:02:29,700 --> 00:02:33,467 Uh, I believe that would have been four or three. 49 00:02:33,533 --> 00:02:35,800 So for seven months, you did not pay your rent. 50 00:02:35,867 --> 00:02:37,433 Paying partial rent is not rent. 51 00:02:37,500 --> 00:02:41,767 Now, my question to you, Mr. Robertson, is this is an apartment that you rent. 52 00:02:41,834 --> 00:02:43,367 - Yes. - Or rented 53 00:02:43,433 --> 00:02:44,300 Mm-hmm. 54 00:02:44,367 --> 00:02:49,100 {\an8}From January 2018 until September 2021, 55 00:02:49,166 --> 00:02:50,767 {\an8}was your rent current? 56 00:02:50,834 --> 00:02:52,433 {\an8}My portion of the rent was current. 57 00:02:52,500 --> 00:02:53,834 What do you mean, "your portion"? 58 00:02:53,900 --> 00:02:56,500 My portion that I was responsible for. 59 00:02:56,567 --> 00:02:57,734 No, it's your apartment. 60 00:02:57,800 --> 00:03:00,133 You're responsible for the whole thing, Mr. Robertson. 61 00:03:00,200 --> 00:03:01,233 - Yes. - Okay. 62 00:03:01,300 --> 00:03:02,934 You're responsible for the whole rent. 63 00:03:03,000 --> 00:03:06,600 And if what you chose to do was to say to your landlord, 64 00:03:06,667 --> 00:03:09,567 "Listen, I have a roommate. I'm just paying my portion of the rent. 65 00:03:09,633 --> 00:03:11,266 - My roommate isn't paying his," - Right. 66 00:03:11,333 --> 00:03:13,400 - then your rent wasn't paid. - Yes. 67 00:03:13,467 --> 00:03:17,367 And I assume that your rent wasn't paid for the same period of time 68 00:03:17,433 --> 00:03:19,266 that he didn't pay you his portion of the rent. 69 00:03:19,333 --> 00:03:20,200 Yes. 70 00:03:20,266 --> 00:03:23,066 Was it for any period of time greater than that? 71 00:03:23,133 --> 00:03:27,567 Greater than the four months or the seven months that he didn't pay rent? 72 00:03:27,633 --> 00:03:31,233 I went through my bank statements, and they went back until... 73 00:03:31,300 --> 00:03:34,066 Um, I believe, July of 2020, 74 00:03:34,133 --> 00:03:36,967 and that's as far back as my bank app lets me go. 75 00:03:37,033 --> 00:03:39,967 - Okay. - There were more months than that 76 00:03:40,033 --> 00:03:41,834 that I received partial 77 00:03:41,900 --> 00:03:43,834 or no rent payments for... 78 00:03:43,900 --> 00:03:45,033 - From him. - From him. 79 00:03:45,100 --> 00:03:46,800 I'm asking you about your landlord. 80 00:03:46,867 --> 00:03:49,100 If you didn't pay your landlord, you're telling me your landlord 81 00:03:49,166 --> 00:03:51,000 didn't file an eviction against you? 82 00:03:51,066 --> 00:03:53,166 {\an8}There were several months that he did, 83 00:03:53,233 --> 00:03:54,633 {\an8}um, pay his full rent, 84 00:03:54,700 --> 00:03:57,467 {\an8}and so that would have meant that the entire 85 00:03:57,533 --> 00:03:59,200 - rent for that period-- - Well, I know, 86 00:03:59,266 --> 00:04:03,000 but if the rent was not paid, did your landlord ever 87 00:04:03,066 --> 00:04:04,533 {\an8}serve you an eviction notice? 88 00:04:04,600 --> 00:04:06,266 {\an8}No. There was an eviction moratorium 89 00:04:06,333 --> 00:04:08,133 {\an8}in Alameda County at that point. 90 00:04:08,200 --> 00:04:09,767 For unpaid rents due to COVID. 91 00:04:09,834 --> 00:04:10,800 Gotcha. 92 00:04:10,867 --> 00:04:14,233 So that-- would it be a fair statement that you both took advantage of that? 93 00:04:14,300 --> 00:04:16,934 He took advantage of it, and so did you. 94 00:04:17,000 --> 00:04:18,500 - I-- - Um... 95 00:04:18,567 --> 00:04:21,300 I wouldn't say that it was, uh, me trying to take advantage. 96 00:04:21,367 --> 00:04:23,767 I would just say it was my inability to cover the entire rent. 97 00:04:23,834 --> 00:04:25,934 Your portion as well as his. 98 00:04:26,000 --> 00:04:27,533 My portion was always covered. 99 00:04:27,600 --> 00:04:29,000 - Your portion was covered. - Yes. 100 00:04:29,066 --> 00:04:30,867 Okay. Now, Mr. Mikelonis, 101 00:04:30,934 --> 00:04:33,934 when did you move from month and year? 102 00:04:34,000 --> 00:04:36,166 It was September of 2021. 103 00:04:36,233 --> 00:04:37,467 And when did you leave there? 104 00:04:37,533 --> 00:04:42,133 I believe it was the third or fourth week of August of 2021. 105 00:04:42,200 --> 00:04:44,233 So you both left the place at about the same time? 106 00:04:44,300 --> 00:04:46,567 Um, I left involuntarily, but yes. 107 00:04:46,633 --> 00:04:49,367 Well, you left involuntary, because that's what this case is about. 108 00:04:49,433 --> 00:04:51,166 Okay, so now I have the structure of it. 109 00:04:51,233 --> 00:04:52,867 Do you understand the structure of it? 110 00:04:52,934 --> 00:04:54,367 - I understand. - You understand the structure of it? 111 00:04:54,433 --> 00:04:56,934 I just want to make sure that people out there watching 112 00:04:57,000 --> 00:04:58,000 understand the structure of it. 113 00:04:58,066 --> 00:05:02,233 So you were the rentor, and you had an argument, 114 00:05:02,300 --> 00:05:07,066 it resulted in a protective order, for somehow, some genius 115 00:05:07,133 --> 00:05:10,333 put him out of his own apartment because of these protecti-- 116 00:05:10,400 --> 00:05:13,900 {\an8}You weren't in the hospital for anything, were you, as a result of an assault? 117 00:05:13,967 --> 00:05:14,934 - {\an8}- - No. - No. 118 00:05:15,000 --> 00:05:18,533 {\an8}You have no medical records there being treated for any injury. 119 00:05:18,600 --> 00:05:20,000 - It was harassment. - Just a minute. 120 00:05:20,133 --> 00:05:22,300 Do you know my husband harasses me every day? 121 00:05:23,533 --> 00:05:26,166 Every day. I couldn't think of evicting him. 122 00:05:26,233 --> 00:05:28,200 I mean, you do other things. 123 00:05:28,266 --> 00:05:30,934 So the answer is you were never treated for any illness. 124 00:05:31,000 --> 00:05:34,133 You were never treated for anxiety at a hospital 125 00:05:34,200 --> 00:05:36,233 as a result of this harassment. 126 00:05:36,300 --> 00:05:39,266 As a result of your allegations, let us say, of harassment, 127 00:05:39,333 --> 00:05:42,934 {\an8}Mr. Robertson was ejected from his own home, 128 00:05:43,000 --> 00:05:46,266 {\an8}from which you had not been paying rent. 129 00:05:46,333 --> 00:05:49,200 Your portion that you were supposed to pay 130 00:05:49,367 --> 00:05:52,734 contractually with him for months because of COVID. 131 00:05:52,867 --> 00:05:55,367 Am I getting this story right? So far? 132 00:05:55,433 --> 00:05:58,700 I'm not finished yet, but so far, is there anything that I said was wrong? 133 00:05:58,767 --> 00:06:01,200 Um, I think that's pretty close. I mean-- 134 00:06:01,266 --> 00:06:03,433 Okay, so that's pretty close. 135 00:06:03,500 --> 00:06:06,734 And now what you are seeking here is, 136 00:06:06,800 --> 00:06:09,700 should I say "basically" and I hate that word, 137 00:06:09,767 --> 00:06:12,233 basically, but it's appropriate in this case. 138 00:06:12,300 --> 00:06:13,867 So all of those haters out there, 139 00:06:13,934 --> 00:06:15,934 "Ah, she used use basically," I don't care. 140 00:06:16,000 --> 00:06:17,333 It's appropriate here. 141 00:06:20,166 --> 00:06:23,133 {\an8}And I put in the protective order that they were living with me. 142 00:06:23,200 --> 00:06:24,066 {\an8}But they were moving. 143 00:06:24,133 --> 00:06:26,066 {\an8}No, no, no. "They were living with you"? 144 00:06:26,133 --> 00:06:27,266 {\an8}You were living with them. 145 00:06:27,333 --> 00:06:28,800 {\an8}Well, yeah, we were living together. 146 00:06:28,867 --> 00:06:32,400 {\an8}No, you were living with the defendant. 147 00:06:32,467 --> 00:06:33,700 {\an8}He wasn't living with you. 148 00:06:38,767 --> 00:06:40,834 {\an8}♪ 149 00:06:45,133 --> 00:06:46,467 {\an8}Mark Mikelonis 150 00:06:46,533 --> 00:06:49,233 {\an8}claims his former roommate, Christopher Robertson, 151 00:06:49,300 --> 00:06:53,200 owes for rent, a security deposit and stolen property. 152 00:06:53,266 --> 00:06:57,266 Christopher is countersuing, claiming Mark owes him for rent. 153 00:06:57,333 --> 00:07:00,367 Now, what you're claiming in your lawsuit is that 154 00:07:00,433 --> 00:07:05,633 after a review of the copy of the underlying lease, 155 00:07:05,700 --> 00:07:10,200 you found that you are paying the vast majority of the rent. 156 00:07:10,266 --> 00:07:11,367 Correct. 157 00:07:11,433 --> 00:07:14,233 And so you want a return of that money. 158 00:07:14,300 --> 00:07:15,400 That's correct. 159 00:07:15,467 --> 00:07:17,633 Under what theory in the law? 160 00:07:17,700 --> 00:07:19,600 Well, basically that he defrauded me. 161 00:07:19,667 --> 00:07:21,567 No, no, now you can't use a "basically." 162 00:07:21,633 --> 00:07:23,300 - {\an8}- - Okay. Okay. 163 00:07:23,367 --> 00:07:28,000 I want to know what theory is there in the law 164 00:07:28,500 --> 00:07:33,300 that says if I own a building and I lease to someone 165 00:07:33,367 --> 00:07:35,967 the whole building for $10,000. 166 00:07:36,033 --> 00:07:41,066 And then I find somebody who is prepared to pay me-- 167 00:07:41,133 --> 00:07:43,100 And I have the first two floors of the building. 168 00:07:43,166 --> 00:07:45,133 Third floor is vacant. 169 00:07:45,200 --> 00:07:49,233 I find somebody who's willing to pay me $9,000 a month 170 00:07:49,300 --> 00:07:50,800 just for the top floor. 171 00:07:50,867 --> 00:07:52,500 That makes me a good business person. 172 00:07:52,567 --> 00:07:55,934 But unless there is some thing that prohibits him 173 00:07:56,000 --> 00:07:57,800 - from doing that-- - There is, Your Honor. 174 00:07:57,867 --> 00:08:00,700 - Show me. - There's a clause in the lease. 175 00:08:00,767 --> 00:08:02,166 - No, just show me. - Okay. 176 00:08:02,233 --> 00:08:04,400 - I'm a lawyer. I can read a little. - So the sub-- 177 00:08:04,467 --> 00:08:06,567 The sub lease that I agreed to with him 178 00:08:06,633 --> 00:08:08,800 incorporates the entirety of this-- 179 00:08:08,867 --> 00:08:10,867 Just a second. I'd just like to see it, please, sir. 180 00:08:10,934 --> 00:08:13,066 - Okay. - I'd just like to see it. 181 00:08:18,333 --> 00:08:22,033 I assume you've highlighted what you want me to read. 182 00:08:22,100 --> 00:08:23,633 - Correct. - Okay. 183 00:08:23,700 --> 00:08:29,600 So what you're pointing to is that the landlord, his landlord, 184 00:08:29,667 --> 00:08:31,567 was not advised that you were subletting. 185 00:08:31,633 --> 00:08:32,734 No. 186 00:08:32,800 --> 00:08:34,834 Well, that's why-- "signed by every tenant." 187 00:08:34,900 --> 00:08:38,667 So that was one of the things, because if you look at the second lease, 188 00:08:38,734 --> 00:08:40,734 {\an8}the one that was altered by Christopher 189 00:08:40,800 --> 00:08:44,400 {\an8}to remove those areas so I wouldn't be... 190 00:08:44,467 --> 00:08:47,667 I wouldn't be able to enforce them, uh, was because 191 00:08:47,734 --> 00:08:51,266 he moved his--his boyfriend in without getting my consent. 192 00:08:51,333 --> 00:08:54,100 And then so it says in there that he needs written consent. 193 00:08:54,166 --> 00:08:56,834 I understand that that doesn't apply to me, but he thought it did. 194 00:08:56,900 --> 00:08:59,166 And so he used White-out on the other lease 195 00:08:59,233 --> 00:09:02,567 that I gave to you to obfuscate those terms. 196 00:09:02,633 --> 00:09:04,567 I don't know how to put this to you, sir, 197 00:09:04,633 --> 00:09:06,133 other than to say... 198 00:09:06,867 --> 00:09:08,367 Let me backtrack. 199 00:09:08,433 --> 00:09:09,734 What kind of work do you do? 200 00:09:09,800 --> 00:09:10,867 I'm a web developer. 201 00:09:10,934 --> 00:09:12,367 You work for yourself or for a company? 202 00:09:12,433 --> 00:09:13,967 I do. I'm an independent contractor. 203 00:09:14,033 --> 00:09:15,467 How long have you been doing that? 204 00:09:15,533 --> 00:09:16,433 Two years. 205 00:09:16,500 --> 00:09:17,867 Prior to that, what were you doing? 206 00:09:17,934 --> 00:09:19,333 I was a system administrator. 207 00:09:19,400 --> 00:09:20,433 For whom? 208 00:09:20,500 --> 00:09:22,500 Uh, for a small company in San Francisco. 209 00:09:22,567 --> 00:09:24,100 How long did you work for them? 210 00:09:24,166 --> 00:09:25,734 Uh, six years. 211 00:09:25,800 --> 00:09:28,100 So for two years, you were an independent web developer 212 00:09:28,166 --> 00:09:29,300 {\an8}and you're still an independent web developer, 213 00:09:29,367 --> 00:09:30,367 {\an8}Correct. 214 00:09:30,433 --> 00:09:31,667 And that's how you support yourself. 215 00:09:31,734 --> 00:09:33,233 - {\an8}- - Right. - So you work out of your home. 216 00:09:33,300 --> 00:09:34,367 {\an8}Right. 217 00:09:34,433 --> 00:09:35,667 And you've been working out of your home, 218 00:09:35,734 --> 00:09:37,700 you said, the last two years, since 2020. 219 00:09:37,767 --> 00:09:40,433 - This is 2022 or 19. - Right. 220 00:09:40,500 --> 00:09:41,667 What do you mean "right"? 221 00:09:41,734 --> 00:09:42,734 So, it was, uh, it would've been-- 222 00:09:42,800 --> 00:09:46,600 When you moved in 2018, were you an independent contractor? 223 00:09:46,667 --> 00:09:47,867 No, I was going to school. 224 00:09:47,934 --> 00:09:49,233 - You were going to school. - Right. 225 00:09:49,300 --> 00:09:50,166 - For what? - -I-- - I went-- 226 00:09:50,233 --> 00:09:51,100 Just a second. For what? 227 00:09:51,166 --> 00:09:53,433 For, uh, web--web technologies. 228 00:09:53,500 --> 00:09:56,500 It was a program for web development technology. 229 00:09:56,567 --> 00:09:58,233 Did you go in person? 230 00:09:58,300 --> 00:10:00,934 - Yes, it was an intensive. - How-- for how long? 231 00:10:01,000 --> 00:10:02,533 Uh, it was, uh, three months. 232 00:10:03,200 --> 00:10:04,700 It was eight hours a day. 233 00:10:04,767 --> 00:10:06,500 Okay. So you went to school for three months. 234 00:10:06,567 --> 00:10:08,233 - Right. - During what period of time? 235 00:10:08,300 --> 00:10:14,133 Uh, January 2018 to, uh, end of March 2018. 236 00:10:14,200 --> 00:10:16,934 Okay. And at that time, you were living with the plaintiff. 237 00:10:17,000 --> 00:10:18,000 Correct. 238 00:10:18,066 --> 00:10:20,266 Okay, so you needed a room for that three month period, 239 00:10:20,333 --> 00:10:22,800 and after that time, you supported yourself 240 00:10:22,867 --> 00:10:25,700 by being your own boss, by developing websites. 241 00:10:25,767 --> 00:10:27,633 It took me a while to find a job, but yes. 242 00:10:27,700 --> 00:10:29,567 What do you mean it took you time to find a job? 243 00:10:29,633 --> 00:10:32,266 The interview process to get work-- I was interviewing, 244 00:10:32,333 --> 00:10:35,333 it was very hard to break into that industry. 245 00:10:35,400 --> 00:10:36,600 And so what did you do? 246 00:10:36,667 --> 00:10:40,033 So I started taking on, like, independent work. 247 00:10:40,100 --> 00:10:42,200 So you never actually got a job 248 00:10:42,266 --> 00:10:44,433 outside of the independent work that you do? 249 00:10:44,500 --> 00:10:45,400 That's correct. 250 00:10:45,467 --> 00:10:47,200 So you support yourself by doing 251 00:10:47,266 --> 00:10:48,934 web development out of your home. Yes. 252 00:10:49,000 --> 00:10:51,734 So you used the home that you were living in, 253 00:10:51,800 --> 00:10:53,600 - the room that you were renting, - Mm-hmm. 254 00:10:53,667 --> 00:10:56,233 for not only your personal business, 255 00:10:56,300 --> 00:10:59,500 but you operated a place of business out of your residence. 256 00:10:59,567 --> 00:11:01,166 - Okay. - What do you mean, "Okay"? 257 00:11:01,233 --> 00:11:02,967 - Yes. - Yes. 258 00:11:03,033 --> 00:11:04,767 I just want you to see how ridiculous you are. 259 00:11:04,834 --> 00:11:07,433 You want $10,000 because you overpaid 260 00:11:07,500 --> 00:11:09,600 what you consider a fair share of the rent. 261 00:11:09,667 --> 00:11:10,600 That's not gonna happen. 262 00:11:10,667 --> 00:11:12,533 You come here, you didn't pay rent 263 00:11:12,600 --> 00:11:15,133 for at least seven months because of COVID, 264 00:11:15,200 --> 00:11:17,000 you were working, according to you. 265 00:11:17,066 --> 00:11:18,600 You were a web developer, still are. 266 00:11:18,667 --> 00:11:20,834 It's 2022 because you have no other job 267 00:11:20,900 --> 00:11:22,233 other than being a web developer. 268 00:11:22,300 --> 00:11:25,400 You stopped paying rent. You moved out after he did. 269 00:11:25,467 --> 00:11:26,467 - Correct? - Well-- 270 00:11:26,533 --> 00:11:28,100 - Did you pay-- - I'd like to correct something-- 271 00:11:28,166 --> 00:11:30,433 In the month that you lived there 272 00:11:30,500 --> 00:11:33,066 when you had put him out of his house 273 00:11:33,133 --> 00:11:35,700 - because you were-- because-- - They were moving out. 274 00:11:35,767 --> 00:11:37,200 I did not put him out of the house. 275 00:11:37,266 --> 00:11:39,000 I thought there was a protective order. 276 00:11:39,066 --> 00:11:40,834 It was, but they were-- 277 00:11:40,900 --> 00:11:42,633 I put in the protective order 278 00:11:42,700 --> 00:11:44,734 that they were living with me, 279 00:11:44,800 --> 00:11:46,967 but they were moving, and so... 280 00:11:47,033 --> 00:11:48,066 No, no, no, no. 281 00:11:48,133 --> 00:11:50,066 "They were living with you"? You were living with them. 282 00:11:50,133 --> 00:11:51,600 Well, yeah, we were living together. 283 00:11:51,667 --> 00:11:55,600 No! You were living with the defendant. 284 00:11:55,667 --> 00:11:57,066 He wasn't living with you. 285 00:11:57,133 --> 00:12:01,233 You were renting the place, although you weren't paying rent from him. 286 00:12:01,300 --> 00:12:04,400 And the underlying landlord wasn't getting his money, 287 00:12:04,467 --> 00:12:06,533 all of his money, because he wasn't getting your money. 288 00:12:06,600 --> 00:12:08,800 And what's coming to me is 289 00:12:08,867 --> 00:12:12,266 that somebody got stiffed with rent, 290 00:12:12,333 --> 00:12:14,700 and that would be the landlord 291 00:12:14,767 --> 00:12:18,066 {\an8}who rented you your place where you were living 292 00:12:18,133 --> 00:12:19,867 because you didn't pay him the whole thing. 293 00:12:19,934 --> 00:12:21,867 You didn't pay him the whole thing. 294 00:12:21,934 --> 00:12:24,367 And now you want me-- you're asking me 295 00:12:24,433 --> 00:12:28,200 to award you $10,000 for overpayment of rent. 296 00:12:28,266 --> 00:12:29,667 Your Honor, can I clarify something? 297 00:12:29,734 --> 00:12:33,166 The--the times when I didn't pay rent, 298 00:12:33,233 --> 00:12:36,166 I was not working. Like, it was during COVID. 299 00:12:36,233 --> 00:12:38,033 {\an8}So the first couple of months of the COVID lockdown, 300 00:12:38,100 --> 00:12:40,100 {\an8}I lost all my contracts, so I didn't have any money. 301 00:12:40,166 --> 00:12:42,133 And so I was using the COVID-- 302 00:12:42,200 --> 00:12:43,667 There was a COVID process 303 00:12:43,734 --> 00:12:46,133 where you could, you know, basically say that, you know-- 304 00:12:46,200 --> 00:12:48,467 There's no "basically" in there. Only I used it once. 305 00:12:49,900 --> 00:12:51,433 I did not have the money to pay rent. 306 00:12:51,500 --> 00:12:53,533 I was not just making money and not paying rent. 307 00:12:53,600 --> 00:12:54,567 I would not do that. 308 00:12:54,633 --> 00:12:57,800 I was broke. All my contracts dried up because nobody had any money. 309 00:12:57,867 --> 00:12:58,900 I was working for small companies-- 310 00:12:58,967 --> 00:13:00,233 So what are you suing him for now? 311 00:13:00,300 --> 00:13:01,600 The government was very good to you. 312 00:13:01,667 --> 00:13:04,133 This is a very interesting America. 313 00:13:04,200 --> 00:13:07,433 It's a rent forgiveness-- It's a rent moratorium. 314 00:13:07,934 --> 00:13:10,100 That doesn't mean the state where you live. 315 00:13:10,166 --> 00:13:11,066 What state do you live in? 316 00:13:11,133 --> 00:13:12,467 - California. - California. 317 00:13:12,533 --> 00:13:14,834 That doesn't mean the owner of this premises 318 00:13:14,900 --> 00:13:17,500 was given some sort of a break, 319 00:13:17,567 --> 00:13:22,600 that they didn't have to pay for utilities, taxes, 320 00:13:22,667 --> 00:13:26,700 mortgage on the building because it's... it's used as a business. 321 00:13:26,767 --> 00:13:30,166 As far as I know, there wasn't a moratorium on that. 322 00:13:30,233 --> 00:13:35,033 But there was a moratorium on two seemingly able-bodied people 323 00:13:35,100 --> 00:13:37,934 to say to the landlord, "I can't pay my rent." 324 00:13:38,000 --> 00:13:39,300 And-- 325 00:13:39,367 --> 00:13:40,500 To add insult to injury, 326 00:13:40,567 --> 00:13:42,867 you think that I'm going to give you $10,000 327 00:13:42,934 --> 00:13:45,033 because he charged you 328 00:13:45,100 --> 00:13:49,033 more than, whatever, the third or 40% 329 00:13:49,100 --> 00:13:51,567 of your occupancy of the apartment, 330 00:13:51,633 --> 00:13:52,767 and he shouldn't have? 331 00:13:52,834 --> 00:13:54,867 That's not going to happen, sir. So forget it. 332 00:13:57,900 --> 00:14:02,066 {\an8}I've been here a long time. If a landlord is owed $5,000... 333 00:14:02,133 --> 00:14:03,300 - {\an8}- - Yes. - He doesn't say, 334 00:14:03,367 --> 00:14:06,867 {\an8}"Well, tenant owes me $5,000, but his apartment was clean. 335 00:14:06,934 --> 00:14:10,266 {\an8}I'm gonna give him back his $2,000 security deposit." 336 00:14:10,333 --> 00:14:11,633 {\an8}That doesn't happen. 337 00:14:23,433 --> 00:14:26,633 {\an8}Mark Mikelonis has accused his former roommate 338 00:14:26,700 --> 00:14:28,133 {\an8}Christopher Robertson 339 00:14:28,200 --> 00:14:31,100 of overcharging for rent and keeping his property. 340 00:14:31,166 --> 00:14:34,500 Christopher is countersuing Mark for unpaid rent. 341 00:14:34,867 --> 00:14:37,266 Now, you gave him a security deposit. 342 00:14:37,333 --> 00:14:40,033 - That is part of your lawsuits. - Correct. 343 00:14:40,100 --> 00:14:42,166 So I want you to forget the overpayment of rent 344 00:14:42,233 --> 00:14:45,233 - because it is ridiculous. - Okay. 345 00:14:45,300 --> 00:14:48,800 So now let's go to the security deposit part of your complaint. 346 00:14:48,867 --> 00:14:50,967 Did he give you a security deposit? 347 00:14:51,033 --> 00:14:52,000 He did, Your Honor. 348 00:14:52,066 --> 00:14:55,667 Now, he didn't pay rent because of this moratorium... 349 00:14:55,734 --> 00:14:56,800 - Yes. - on rent. 350 00:14:56,867 --> 00:15:00,567 {\an8}Did you get your security deposit back from the landlord? 351 00:15:00,633 --> 00:15:02,033 - {\an8}- - I did. - How much? 352 00:15:02,100 --> 00:15:05,767 I believe I got the total amount for the entire apartment, 353 00:15:05,834 --> 00:15:07,667 which was approximately $2,000. 354 00:15:07,734 --> 00:15:10,300 And how much did Mr. Mikelonis 355 00:15:10,367 --> 00:15:12,200 give you as a security deposit? 356 00:15:12,266 --> 00:15:15,734 He gave me $1,250 for the security deposit, 357 00:15:15,800 --> 00:15:17,800 plus a 300 deposit pet deposit. 358 00:15:17,867 --> 00:15:20,066 Sometimes the pet deposit is refundable. 359 00:15:20,133 --> 00:15:22,133 Did you get the pet deposit back? 360 00:15:22,200 --> 00:15:26,467 Uh, I don't recall specifically if I got that back from the landlord. 361 00:15:26,533 --> 00:15:29,367 But you did get back your entire security deposit, 362 00:15:29,433 --> 00:15:31,600 - which included his $1250? - Yes. 363 00:15:31,667 --> 00:15:32,767 - Okay. - That's correct. 364 00:15:32,834 --> 00:15:34,967 Let's hold that in abeyance for a moment because 365 00:15:35,033 --> 00:15:38,000 now I'm going to go to your counterclaim. 366 00:15:38,066 --> 00:15:40,166 - Sure. - I think that's all I have to deal with. 367 00:15:40,233 --> 00:15:42,100 Oh, and "property taken without permission." 368 00:15:42,166 --> 00:15:43,967 Did you get that property back that was s--? 369 00:15:44,033 --> 00:15:45,900 - I did not. - What property was it? 370 00:15:45,967 --> 00:15:48,400 {\an8}There was, um, a stone Buddha carving. 371 00:15:48,467 --> 00:15:50,967 {\an8}There was some dishes, some glasses. 372 00:15:51,033 --> 00:15:52,967 Oh, give me a break. Do you have his stone Buddha carving? 373 00:15:53,033 --> 00:15:54,700 I have the stone Buddha carving. 374 00:15:54,767 --> 00:15:58,300 {\an8}I have a small statuette of a rooster that is his 375 00:15:58,367 --> 00:16:00,800 - and a small metal... - Wait. 376 00:16:00,867 --> 00:16:02,967 - serving spoon set. - Would you pack those up? 377 00:16:03,033 --> 00:16:04,934 - Yes. - Do you live close to each other? 378 00:16:05,000 --> 00:16:08,367 I haven't been able to because of our mutual, um, restraining orders. 379 00:16:08,433 --> 00:16:10,867 Fine. Do you know where your local precinct is? 380 00:16:10,934 --> 00:16:12,533 - Yes. - Where is it located? 381 00:16:12,600 --> 00:16:15,166 Uh, I believe that the closest one would be downtown for me. 382 00:16:15,233 --> 00:16:16,200 Downtown Oakland. 383 00:16:16,266 --> 00:16:18,400 Okay. You'll find out before you leave today. 384 00:16:18,467 --> 00:16:20,834 In five days, drop it off at the local precinct. 385 00:16:20,900 --> 00:16:22,133 - Absolutely. - Let him know when 386 00:16:22,200 --> 00:16:23,934 and he could go pick up his Buddha. 387 00:16:24,000 --> 00:16:26,066 - Yes. I don't want that in my home. - Great. 388 00:16:26,133 --> 00:16:31,066 Terrific. Now, "money owed for COVID debt" is your counterclaim. 389 00:16:31,133 --> 00:16:32,734 - {\an8}- - Yes. - Which is what? 390 00:16:32,800 --> 00:16:35,266 - {\an8}- - Uh, it is a total of... - How much-- What-- 391 00:16:35,333 --> 00:16:38,033 {\an8}$5535, I believe. 392 00:16:38,100 --> 00:16:39,033 {\an8}For what? 393 00:16:39,100 --> 00:16:42,266 {\an8}Um, that is the, um, unpaid rent. 394 00:16:42,333 --> 00:16:44,400 But you didn't pay his rent, you just told me. 395 00:16:44,467 --> 00:16:47,066 Right. And so this is the outstanding balance of the rent 396 00:16:47,133 --> 00:16:50,100 that he never paid that I'm responsible for as the master tenant? 397 00:16:50,166 --> 00:16:53,133 Oh, no. You just told me that you got your security deposit back. 398 00:16:53,200 --> 00:16:55,100 If you got your security deposit back, sir, 399 00:16:55,166 --> 00:16:57,166 that means that the landlord is finished with you. 400 00:16:57,233 --> 00:16:59,200 Um, according to the law. 401 00:16:59,266 --> 00:17:00,367 Not according to the law. 402 00:17:00,433 --> 00:17:04,333 If you got your security deposit back, the entire security deposit, 403 00:17:04,400 --> 00:17:06,633 the landlord has written it off. 404 00:17:06,700 --> 00:17:09,300 Because otherwise, he would have taken your security deposit 405 00:17:09,367 --> 00:17:11,667 if you owed him or her money. 406 00:17:11,734 --> 00:17:13,567 Do you understand what I'm saying? It's very simple. 407 00:17:13,633 --> 00:17:15,000 - I understand what you're saying. - It's very simple. 408 00:17:15,066 --> 00:17:16,800 - I-- - I wish I could explain that to them in-- 409 00:17:16,867 --> 00:17:18,133 - in your-- - Well-- 410 00:17:18,200 --> 00:17:19,700 in your manner. 411 00:17:19,767 --> 00:17:21,200 Well, I want to tell you something. 412 00:17:21,266 --> 00:17:22,467 I've been here a long time. 413 00:17:22,533 --> 00:17:25,500 If a landlord is owed $5,000. 414 00:17:25,567 --> 00:17:26,700 - Yes. - He doesn't say, 415 00:17:26,767 --> 00:17:28,700 "Well, tenant owes me $5,000, 416 00:17:28,767 --> 00:17:30,367 but his apartment was clean. 417 00:17:30,433 --> 00:17:33,667 I'm gonna give him back his $2,000 security deposit." 418 00:17:33,734 --> 00:17:35,767 - That doesn't happen. - So, he-- 419 00:17:35,834 --> 00:17:37,633 Only in the Land of Oz does that happen. 420 00:17:38,700 --> 00:17:40,033 - They might live there. - Not if-- 421 00:17:40,100 --> 00:17:41,934 No, they might live there, but I don't live there. 422 00:17:42,000 --> 00:17:43,166 Okay. 423 00:17:43,233 --> 00:17:46,266 You owe him $1,250 for security deposit. 424 00:17:46,333 --> 00:17:48,400 This case is over. Your counterclaim's dismissed with-- 425 00:17:48,467 --> 00:17:49,600 - Um-- - We're done. 426 00:17:49,667 --> 00:17:50,700 - Court is adjourned. - Thank you very much. 427 00:17:50,767 --> 00:17:51,934 I would just like to bring-- 428 00:17:52,000 --> 00:17:52,934 And goodbye! 429 00:17:53,000 --> 00:17:54,166 {\an8}Well, I was a little upset. 430 00:17:54,233 --> 00:17:55,834 {\an8}He's being a drama queen. 431 00:17:55,900 --> 00:17:59,233 {\an8}The clause in the lease was to prevent people from over-- 432 00:17:59,300 --> 00:18:01,266 {\an8}like, basically taking advantage of the fact that they've been 433 00:18:01,333 --> 00:18:05,567 {\an8}living in a place for a long time and gouging rent for new tenants. 434 00:18:05,633 --> 00:18:07,567 {\an8}He said I was price gouging him because 435 00:18:07,633 --> 00:18:10,333 {\an8}it was enough to pay more rent than... 436 00:18:10,400 --> 00:18:12,700 {\an8}he might have if he had done some more research. 437 00:18:12,767 --> 00:18:14,200 {\an8}They were trying to make it equal. 438 00:18:14,266 --> 00:18:15,834 {\an8}And every place that I've lived in, 439 00:18:15,900 --> 00:18:18,133 {\an8}there was always an equitable share of the rent. 440 00:18:18,200 --> 00:18:20,266 {\an8}Like, no one was ever gouging anybody. 441 00:18:20,333 --> 00:18:23,934 {\an8}So I just I felt that, um, I was unjustly charged. 442 00:18:24,000 --> 00:18:26,767 {\an8}Well, I can't say it wasn't very satisfying to hear the judge 443 00:18:26,834 --> 00:18:28,834 {\an8}call his claims ridiculous to his face. 444 00:18:28,900 --> 00:18:31,767 {\an8}Basically, he was leaving the front door open, 445 00:18:31,834 --> 00:18:34,033 {\an8}making it so my dog could escape easily. 446 00:18:34,100 --> 00:18:36,300 {\an8}He was filling the house up with smoke. 447 00:18:36,367 --> 00:18:37,500 {\an8}We both burned sage. 448 00:18:37,567 --> 00:18:39,600 {\an8}He was basically trying to get me riled up. 449 00:18:39,667 --> 00:18:41,100 {\an8}He wanted me to move. 450 00:18:41,166 --> 00:18:42,900 {\an8}While I am disappointed that I won't be able to recover 451 00:18:42,967 --> 00:18:44,100 {\an8}some of his COVID debt... 452 00:18:44,166 --> 00:18:45,633 {\an8}Basically the moment that he was-- 453 00:18:45,700 --> 00:18:47,467 {\an8}you know, it was inconvenient for me to be there, 454 00:18:47,533 --> 00:18:49,934 {\an8}he tried to make my life miserable. 455 00:18:50,000 --> 00:18:53,367 {\an8}I'm glad that I will never have to see him again and this is done. 456 00:18:53,433 --> 00:18:55,367 {\an8}I'm not living with roommates ever again. 457 00:18:55,433 --> 00:18:57,166 {\an8}I've got my dog, and we're cool. 458 00:18:57,233 --> 00:18:59,266 {\an8}He was a nightmare, and I never have to see him again. 459 00:19:00,467 --> 00:19:04,800 You know, far be it from me to second guess another judge, 460 00:19:04,867 --> 00:19:07,233 but it would seem to me sort of outrageous 461 00:19:07,300 --> 00:19:10,734 unless there was some sort of a physical altercation, 462 00:19:10,800 --> 00:19:12,300 why anyone... 463 00:19:12,367 --> 00:19:14,633 Because he clearly was excluded from his house. 464 00:19:14,700 --> 00:19:17,233 He left first, and he said, you know, involuntarily, 465 00:19:17,300 --> 00:19:19,600 would anybody exclude... 466 00:19:19,667 --> 00:19:21,834 - The original tenant. - The original tenant. 467 00:19:21,900 --> 00:19:23,367 When I read the papers, I thought the same thing. 468 00:19:23,433 --> 00:19:25,467 I thought that was outrageous that they would throw out 469 00:19:25,533 --> 00:19:27,667 the primary lease holder on a lease 470 00:19:27,734 --> 00:19:29,767 in favor of his sub-tenant, 471 00:19:29,834 --> 00:19:32,100 which may or may not have been legal to begin with. 472 00:19:32,166 --> 00:19:34,967 You know, I can understand it if there was something more serious... 473 00:19:35,033 --> 00:19:36,400 - Mm-hmm. - But harassment? 474 00:19:36,467 --> 00:19:37,734 I just don't understand it. 475 00:19:37,800 --> 00:19:40,200 - But mine is not to wonder why. - I didn't either. 476 00:19:40,266 --> 00:19:43,100 Mine is but to do what I do. 477 00:19:43,166 --> 00:19:46,433 And I don't think that when you come into a court 478 00:19:46,500 --> 00:19:50,166 where you have at least participated marginally, 479 00:19:50,233 --> 00:19:53,133 in a giveaway, to then come in and say, 480 00:19:53,200 --> 00:19:54,567 "You know what? This technical thing. 481 00:19:54,633 --> 00:19:56,667 He wasn't supposed to charge me this much rent 482 00:19:56,734 --> 00:19:59,967 because I didn't occupy this much of the apartment." Whatever. 483 00:20:00,033 --> 00:20:02,300 - Ridiculous. When you didn't pay rent... - Exactly. 484 00:20:02,367 --> 00:20:03,567 for seven months anyway, 485 00:20:03,633 --> 00:20:05,467 it made my job a lot easier. 486 00:20:07,066 --> 00:20:08,433 Want justice? 487 00:20:08,500 --> 00:20:10,834 - {\an8}Go to JudyJustice. - TV. 488 00:20:10,900 --> 00:20:13,166 {\an8}♪