You heard banging at the door?
I didn't know what was going on.
She illegally entered my apartment.
Don't speak.
What did you do?
Uh, well, I panicked, sort of.
Don't speak to him.
No, he's nervous.
He won't have to be nervous if he tells the truth.
[narrator] This is Judy Justice.
[narrator] Daniel Schumann is suing his former landlords,
Diana and Donald Back,
for an illegal eviction, security deposit, and an assault.
[bailiff] Court coming to order. All rise.
Have a seat, please.
Hello, Judge. Case 2085: Schumann vs. Back.
- Thank you. - You're welcome.
Mr. Schumann?
Yes, Your Honor.
I assume this is your wife?
- My girlfriend. - Girlfriend.
And my son, Blake.
And your girlfriend is here just for moral support?
She wasn't wasn't living with you in the house?
She wasn't living with me, no, but she was--
- Sit down. Sit. - I was a witness--
- A part of it-- - Sit down.
- ...big part of it-- - She--she...
was not living at the house,
No.
- - - Good. Just you and your son? - Yes.
And you were tenants of Mr. and Mrs. Back for how long?
I think it was six years.
Starting when?
When did I sign the lease?
August 2016.
- [Judy] Don't help him. - Okay.
- Yeah. [laughs] - Sorry.
Yeah, 8-01-16.
And which unit do you rent? Because they also live in the house.
Yeah, it's three floors. I have the middle and the top is just a little loft...
comes to a little loft.
And did you move in there with your son?
No, in the beginning, no. He wasn't with me.
- Was it just you? - It was just me.
And when did he move in?
Probably two years later.
- 2018? - Yeah
How old is he?
He's 15.
Now, in 2016
everything going well with your landlord?
Yeah.
- Same landlord? - Yes.
What about 2017?
- Everything's good. - [Judy] Everything was going fine.
'18... must've been going fine because you brought your son in to live with you.
We did have a few incidences that I had to call the police then.
Okay so in 2018 you had to call the police.
- Yes. - When in 2018?
First time Mrs. Back came and um-- she had a problem with Blake.
She said he walked too hard upstairs.
Okay.
Now before Blake came with you, with whom was he living?
- With his mother. - How long was he living with his mother?
Since he, you know...
- Since he was born? - Yeah, since birth. [laughs]
And did you visit with him before he came to live with you?
Yeah. I had him every other weekend and Tuesdays and Thursdays.
So something must have happened in 2018, because he's 15 years old,
he's in high school.
You wanna tell me the reason?
And I want you to bear in mind, this is my business.
- Yeah. - You want to tell me why
your son came to live with you?
And if you just want to say to me, "He and his mother weren't getting along,"
I will accept that.
No, that's not why.
She, uh,
wanted to move to Florida,
and she said I could have Blake.
Interesting.
Okay, so the first time you started to have trouble was when your son came
and Mrs. Back said he was walking too loud,
- making too much noise upstairs. - Yeah.
And how does she communicate that with you?
Well, you know Mr. Back was really the one who had the problem.
At night he-- 'cos Blake would go from his bedroom to the bathroom,
and he walked too loud. That was it.
So what did you do?
- Well that was that-- - I want to know why you called the police.
Well, why I called the police was because,
finally, this was the following year
- when she-- - No, just a second
So that was it. In 2018 they told you that
- your son was walking too heavy? - Yeah.
In the middle of the night going from his room to the bathroom.
- - - Yeah. - Okay, but that didn't require
a call to the police, so... I'm waiting.
Well, um,
- This is not a "Well." - She decided...
- You called the police. - ...to confront me.
I want to tell you something.
I've been a tenant for most of my life.
I've never called the police on a landlord.
So this is not an answer that starts with, "Well."
When was the first time you called the police
regarding Mr. and Mrs. Back
and for what reason?
She illegally entered my apartment.
- She used a key to come into my house. - Okay. Okay.
Don't spe-- I told you not to speak.
Okay. I'm sorry.
When did she use a key to come into your apartment?
What time of the day?
- No, month-- - It was dur-- it was during the day and...
- month... - ...oh, I don't remember.
I mean, I have the police report.
Oh, I'd like to see it. Well, that will tell me.
The door was open, Your Honor.
Sorry.
What part don't you understand?
You want me to just grant
his application to say goodbye to you?
No, I'm sorry. Sorry.
I know I had it.
No. I have it, but I...
You have it, but you don't have it?
Well, it...
Okay. So that was some time, according to you,
in 2018 slash '19.
She entered your apartment without your permission using a key.
- Yes. - And as a result of that what happened?
- Well, the-- the officer came-- - Not-- that's not a, "Well."
- The-- the officer came-- - So she came
in and you found out that she had been in your apartment.
- - - How did you-- how-- - I was upstairs.
I was in the apartment and she came in.
- Oh she used her key... - Yeah.
- and came in and you were there? - Yes.
- Tell me about that incident. - [whispers] Wow.
- So she came in-- - After she confronted Blake
- then I went upstairs-- - Just a second.
She confronted Blake and you went upstairs.
Upstairs from where?
- From downstairs. We were-- - So you weren't--
We were coming home,
she came running down the block, saw that we were home, and started
telling Blake that he walks too loud.
"You're walking too loud. You're walking too loud."
[whispers] Just a second. [normal] She's in the street?
- She was coming, she... she's coming back. - Coming? You said you were outside.
You were outside. First you tell me-- if I'm not mistaken, Whitney,
he said he was in the apartment when she came in.
- Is that correct? - Yes.
Okay, first you told me you were in the apartment. That's not accurate.
- This happened outside? - Yeah.
Yeah, so it happened outside and she was yelling...
at your son that he was walking too loud.
- Yeah. - Yeah--not, "Yeah," yes.
- Yes. - Okay, and now she's outside,
coming from the beach. She's telling him, "You're coming inside, coming..."
Keep going.
- - - Then we went inside, I said, "Okay--" - Just a second.
I said, "Okay, I'll tell him to walk a little softer,
levitate a little bit." And, uh,
we went inside and I got onto the phone was talking to somebody.
I guess she heard me talking,
and she opened her key and came up the stairs and started yelling.
- Okay. - Um, "I wasn't yelling at Blake.
I wasn't doing this to Blake. I wasn't dong that to Blake--"
Alright. Next!
Next!
- [gavel tapping] - Next.
I'll tell you what this case is about
so that everybody understands what this case is about.
You're claiming that they illegally evicted you. That's one thing.
You claim that they have your security deposit.
And what else do you want?
You say that there was a simple assault,
because when yelling at you, one of them spit on you.
Was a lot more than yellin'.
I don't care what's yelling. Nobody hit you.
- That's either a, "yes," or a, "no." - No.
Mm-mmm.
- You panicked? - Yes.
Because somebody was looking for your father
and you knew it was the landlord.
No, I didn't.
- - - But-- - I thought someone was trying to break in.
Blake... let's get real. Okay?
Let's stop with the scripted scenario that your father is giving you.
- No. It wasn't scripted-- - Because--don't--don't... speak.
[narrator] Daniel Schumann
claims his former landlords, Diana and Donald Back,
owe for an illegal eviction, security deposit, and an assault.
Diana and Donald are countersuing for apartment damage.
Now, illegal eviction, return of security deposit.
And you lived there until when?
Until, uh, June of this year.
No, in June something happened, and that's where your girlfriend...
has some information
- because it was June... - [Gina] 3rd.
- - - You are... Gina. - Yes.
Perfect. You and Gina were in bed asleep.
- - - Does Gina have her own car? - Yes.
- Do you have a car? - Yes.
- So that's two cars. - Yes.
Where are you supposed to park?
Well, we don't have a driveway, so you can park on the street, if you want.
Okay, so you aren't parked anywhere near the house?
- No, across the street. - [Judy] Correct?
- Yes. - So his cars weren't blocking yours?
Yes, they were.
Where was your car parked?
My car was parked out front behind his disabled spot that he has for himself
and only him.
- I was parked behind him. - Just a second. There's a disabled
parking spot on a public street?
Yes, but it's only his. For his number only.
So no one else can park there or they get ticketed or--and towed.
- Even if you're disabled-- - [Judy] Shh.
Yeah. Even if you're disabled, you're not allowed.
Did you get a spot assigned to you, Sir,
or assigned to your car because of a disability?
- Yes. - What's the nature of the disability?
I had two cracked vertebraes in my neck, I dislocated my left shoulder,...
I have herniated and ruptured disks in my lower back,
and nerve damage down my left leg.
- So you have a place to park? - Yes.
Were you or your girlfriend, Gina,
in any way blocking Mr. and Mrs. Back's car?
- No. - Okay. Did you see where they were parked?
Yeah, she was parked on the street in front of the house.
Their car was parked in the street in front of the house?
- Yes. - Okay.
Go. June 3rd.
- Where was your car parked?-- - [Diana] So my car was parked
behind his... disabled spot.
My husband came in and showed me a ticket that was on my car,
and I couldn't understand because there's no meters or anything.
And when I went to look at the ticket, it took me a little time.
I checked it. It was for unregistered vehicle.
First time in my life I've ever done something like that.
I went online right away 'cause I said, "I know I did this in April," in my mind
'cause I do everything online.
Obviously I never sent it through and I didn't realize it.
Cops in the town have a scanner.
They scanned my car. They gave me a ticket.
- Okay. - I'm responsible for that.
I understand that, but when I spoke to the cop
- he said--well... - No, don't tell me what the cop said.
I can get a ticket every 12 hours.
So I panicked. I said, - "Okay, I--I-- - I'm gonna try--"
- Now I understand what's happening. - But I needed...
- Shh, just a second. - ...to get my car off the road.
So now I understand what happened.
She got a ticket parking on the street,
and the ticket for parking on the street was for having an unregistered vehicle.
Yes.
Your car was not parked in your designated handicapped spot.
Instead, you and Gina were parked in the street.
- Yes. - So she came to you
to ask you to take your car and put it in your handicapped spot
- so that she could park in the driveway? - No.
- Well-- - We just asked for--
we were--just needed one of 'em--
- Just a second. Just a second. - Can you see--just look at this picture,
and then you'll understand what I mean.
You asked one of them to move their car?
I tried to just get in touch with both of 'em
- if they--just get their attention. - Just a...
You said, Ms. Back, no to me very fast.
- I want you to listen to what I said. - No. I only asked them to go,
and there's six-- there's six parking spots on this lot.
So I didn't need him to go in his spot, is what I'm trying to say.
- [Judy] It doesn't matter. - [Diana] I just needed him--
- [Judy] You needed to move? - [Diana] I had to get through.
He coulda stayed there the whole night if he wanted to.
Okay. And what time was this?
My husband walked in about twenty to nine.
I started to look it up thinking that something was wrong.
By the time I figured that out, then I... knocked on the door
- Just a second. Gimme a time... - No answer.
...that you went to his door to knock at the door.
I started knocking on the door about nine o'clock, a little bit after.
Maybe five of, nine o'clock.
And then I proceeded to text and I proceeded to call.
Okay, now prior to that, Mr. Schumann--
prior to that date at about nine o'clock,
when was the time immediately prior that you called the police
about the behavior or a complaint about Mr. and Mrs. Back?
- That was after. Okay. - Shh
What don't you understand?
When I called the police it was probably about 9:45.
No, prior to that night when she wanted you to move your car.
When was the time immediately proceeding that
that you called the police about any conduct of Mr. and Mrs. Back?
Yeah, I don't remember the date.
Give me the month and year.
Oh wow. It was...
- So far we have 2018-- - Maybe 2020.
So that was the second time that you've called the police?
- Yeah. - [Diana] Yes--
[Judy shushes]
- [whispers] I'm sorry. - You keep saying that...
Okay.
2020. What was that about?
What that was about was she was downstairs with her friends.
They were smoking so much marijuana that we couldn't breathe
on the second and third floor.
And Ms. Zannino called her and said, "You guys gotta knock it off.
You gotta stop. We can't breathe up here."
Had to open the windows, had to turn on fans.
And I had Blake there.
May I see the police report?
Well, that one I don't have. They wouldn't give it to me.
- They said-- - Just a second.
That they said-- you don't have that police report,
but that you called because of smoking marijuana.
- Yes. - Okay.
And that was the time immediately proceeding
the call at 9:45 in June of 2022?
- Yes. - There were no calls in between?
- No. - Is that correct?
One after, but not before.
- - - One after? - Two days later.
- Two days after the-- - Yeah, the altercation. Yeah.
After the altercation. Okay.
So now, according to you, you and Gina are in bed,
sound asleep at nine o'clock. Where is your son?
He's downstairs on the second floor. That's where his bedroom is.
Okay, but downstairs when you want to get in,
do you get in from the second floor or the third?
Come in the house, you gotta come in from the first floor and then the...
- Walk up a flight of stairs. - Yeah.
So you have to pass where your son is.
- Your son is on the second floor. - Oh, yeah.
Yeah. If I'm going up to the loft, the bedroom door is right there.
- That's what I've-- - Okay.
- What's your son's first name? - Blake.
Blake, stand up.
Move over next to your father.
- You're 15 years old? - Yes.
15 year olds don't go to sleep at nine o'clock at night.
June 3rd, 2022, where were you?
I was, uh, in the bathroom.
- - - You were in the bathroom? - Yes.
- - - All night? - No, not all night.
Well, when were you in the bathroom?
Around 9:30.
When did you hear banging on the door?
Uh, it was around that time.
- It was around 9:30? - Yes.
What did you do?
Well, I kinda didn't know what was going on.
- No. You heard banging at the door. - Yes.
- Did somebody say something? - Uh, well...
Not, "well." Look at me.
All you have to do is remember this. Don't speak, Mr. Schumann!
- Don't speak to him. - No, he's nervous.
Don't speak to him.
He won't have to be nervous if he tells the truth,
so you just have to cool it. Do you understand?
- Yes, Your Honor. - Perfect.
You have people who call the police on you all the time.
You oughta get down on the ground, kiss the ground,
and say thank God for they're not in my house anymore.
- Do you understand? - Kind of.
He's happy--what do you mean, "Kind of"?
- What do you mean, "Kind--" - Well, I wasn't ready for
the change at the time.
- Oh, you sound ri--you sound ridic-- - Because I need time--
You sound ridiculous.
[narrator] Daniel Schumann
has accused his former landlords, Diana and Donald Back,
of wrongfully evicting him and keeping his security deposit.
You came here. You brought him.
- Just remember that. You came. - I know. I know.
You brought him.
What did you hear when you heard banging at the door?
I heard Don scream, "Dan!"
- - - The landlords-- Yes. - You heard Mr. Back?
- [Judy] Scream what? - [Blake] "Dan"
- [Blake] And-- Yes. - [Judy] "Dan"?
- And that's your father? - Yes.
How many times did you hear him scream, "Dan"?
- Only once. - Once.
And are you out of the bathroom?
- - - Well, I did sort of-- Sorry. Sorry. - Oh no--that's not an, "Ah, well"
Are you out of the bathroom or still in the bathroom?
I'm still in the bathroom.
- Okay, so you're still in the bathroom? - Yes.
Was the door open or closed?
- Closed. - Closed. So,
behind a closed door in the bathroom, you heard, "Dan," from the floor below.
- Yes. - "Dan." Now what did you hear after that?
- Uh... - "Uh," is not an answer.
[softly] What did you hear after that?
"Dan, Dan," and now you knew someone was looking for your father.
Uh, well, I panicked. Sort of.
- You panicked? - Yes.
Because somebody was looking for your father,
and you new it was the landlord.
- Yeah it was-- - You knew it was the landlord.
- No I didn't. - You just told me...
- I thought someone was trying to break in. - [Judy laughs]
- Your Honor, you have to understand-- - Just a second.
[laughs] Blake.
Let's get real. Okay?
Let's stop with the scripted scenario that your father is giving you.
- No. It wasn't scripted. - Because-- Don't--don't speak.
Because at nine o'clock at night, if someone is banging at the door
and calling your father's name that it doesn't sound like a break-in to me.
If somebody is banging at me door
and somebody is yelling out, "Nana! Nana,"
I know they're not trying to break into my house.
- It was banging at the door. - Do you understand? Do you understand?
- The whole house was shakin'. - Okay.
- The entire house was shakin'-- - Okay, Mr. Schumann.
Mr, Schumann, I'm not speaking to you. Do you understand?
- You brought this ridiculous lawsuit. - I understand, but--
- You brought this ridiculous lawsuit. - The truth has to be told.
- I can't tell the truth-- - Just a second.
- [Diana] 'Cause they're liars. - [Daniel laughs]
- Mr. Schumann you-- - No, you're liars.
- They're lying. - Mr. Schumann,
you brought this ridiculous lawsuit, except for one thing.
- I'm finished with you. Sit down. - Oh.
Your Honor, I wasn't even the one who called the cops at first.
- Just a second. - The neighbor across the street called...
- first because-- - Mr. Schumann.
- You have a police report? - Yeah.
Then I'd like to see where the neighbor across the street called the police.
- Yeah, that says it in there. - Just a second.
I'd like to see it.
- [Diana] He also called. - [Judy] Shh.
- [pen dropping] - [Diana] Okay.
Yeah, when I called, they said someone else has already called.
Give this back.
They don't understand not to talk.
Alright, I'm about finished with you.
You moved out?
- Yes, I was illegally evicted. - Great. Great.
- It's a great thing that you moved out. - I was-- I was trying
- to get out. - It's a great thing that you moved out.
Because you don't want to be with such bad landlords who
yell and scream in the middle of the night,
who smoke marijuana around your 15 year old son,
who would never think of doing that, right?
- Right? - Yes.
Yes, of course.
And so it's a good thing that you found someplace else to go.
- It is a good thing. The amount of... - It's a very, very good thing.
- ...stress that's off me now is... - Perfect.
- Then it's a-- - [Diana] No.
Then it's what we call a "mitzvah"
that you moved out. Okay?
The only thing that I'm entertaining, on either side, is on your side--
the return of your security deposit.
- Do you understand? - Yes.
- How much was your security deposit? - $1,750.
When you left, did you get any of your security deposit back?
- No. - What date did you leave?
Uh, it was the last day of, uh, June.
So it was June 30th. And you paid June's rent?
- Yes. - So, now
you're going to have to explain to me, Mr. and Mrs. Back--
and I think I'm going to go to Mrs. Back-- why you kept their security deposit.
Well, Your Honor, he signed a lease
- when he first moved in. - Just a sec.
Just tell me why you kept their security deposit.
Because he was asked to give me 60 days notice,
- written 60 days notice-- - Forget it.
You have people who call the police on you all the time.
You oughta get down on the ground, kiss the ground, and say thank God
for they're not in my house anymore.
Do you understand?
- Do you understand? - Kind of.
He's happy-- What do you mean, "Kind of"?
- What do you mean, "Kind--" - Well, I wasn't ready for
the change at the time. That's why I always ask for 60 days notice.
- Oh, you sound ri--you sound ridic-- - It's hard to find--
You sound ridiculous.
- I'm sorry. - You sound ridiculous.
Do you understand why she sounds ridiculous?
- You've had a very, very bad... - [Donald] No, I don't.
...experience with your tenants.
Police were called.
I don't know. I've lived in places all my life.
Police were never called on me as a tenant.
I never called police on a landlord.
Out there, in the near audience,
I wanna know how many of you ever called the police about your landlord.
Raise your hand. I just want some idea.
Raise your hand. Don't-- Tell me the truth.
Okay, good. Now how many ever called the police on a tenant?
Look at all this.
- How many times? - Twice.
Great. Landlord or tenant?
- On a tenant. - You called about a tenant?
Yes.
- About a disruptive tenant? - Yes.
So, with the exception of Kevin, who is a businessman entrepreneur
when he's not here taking care of my business here--
and he called the police twice because of a tenant--
nobody else has ever called the police. So you should say thank you, Lord,
- for getting rid of these tenants... - I understand.
...who called the police,
and not give me bologna about a 60 day notice.
Now, if that's why you kept their security deposit, which is what you said to me...
- Right. - ...then he get's his security deposit.
$1,750.
And that's the only reason you gave me.
- It's $1,725, but I didn't finish. - Just a second.
- 17...? - 25.
You did finish.
I said, "What was the reason?" I asked you twice.
- What was the reason and the se-- - Well, what happened prior--
- What was the reason? - I was letting him go
from the 17th, when he texted my husband, to the 17th.
The only thing I wanted in return is access.
- He said, "No. See you in court." - Just a sec--
So I turned around and held him to his lease.
- Very good. Not here. Not here. - That's why-- Okay.
$1,750. He gets his security deposit back.
- $1,750 or $1,725? - It's $1,750.
Take a look. Let's get the number right.
- The lease-- - This is fascinating.
He signed his lease that says $1,725.
Okay. You have information to the contrary, Mr. Schumann?
Nope. She's right-- $1,725.
$1,725. Judgement for the Plaintiff. We're done.
Counterclaim is dismissed. We're finished.
- That's it. - [bailiff] Court is adjourned.
Judge Judy was right about
I should be counting my blessings that they're gone.
It was over a silly parking spot.
- [Donald] I'm glad. - [Diana] I'm glad he's out,
but I don't thin he deserves his-- his security.
I mean I couldn't teach him how to levitate.
- [Blake] Yeah. - As much as I tried, we couldn't get it.
I'll never understand why
acrimonious relationships between landlords and tenants
would wish to continue on for another 30 days, another 60 days...
Cut your losses and get out of there.
And that's what happened. And the defendant's answer that,
"Well, he was supposed to give me 60 days notice."
- Why would you want him there... - [Judy] He just called...
- ...for another 60 days? - ...the police on you.
He's called the police on you, as far as we know, at least three times.
- Yes. - Whatever. I was just a bad scene,
and for some reason he didn't park at his assigned spot.
Because of his handicap, he parked... whatever.
I think everyone should just cut their losses
- and go home. - Just move on and be happy.
- Life is so short. Be happy. - Yes, I agree.
[narrator] Want justice?
Go to JudyJustice.tv.