You were not given 30 days' notice. You were given a three-day notice.
She's yelling, "Here, I'm giving you this notice,"
and threw the paper in my face.
Do you have a copy of it?
I don't have a copy of that.
Why not?
That's the whole point of this.
This is Judy Justice.
Melissa Duran is suing her former property manager,
Tracy Shaw, for wrongful eviction and an assault.
Court, come to order.
All rise.
Be seated, please.
Case 2097, Duran versus Shaw.
- Thank you. - You're welcome.
Miss Duran, the defendant is the property manager
at a place where you used to live?
- - - Yes. - And you are suing her
for evicting you from that place?
You want a whole bunch of money.
You're suing her for $10,000,
for your moving expenses, for assault, for emotional distress,
because you had to move.
Miss Shaw says that your behavior caused you to be evicted.
You violated the rules,
and that's why you were served notice of eviction.
So first, let me know when you started living
at the property that is managed by the defendant.
In 2019.
Did you have a lease?
Yes, I did.
Do you have a copy of that lease with you?
Yes, I do.
I'd like to take a look at it.
Okay, so this initial lease was August of 2019,
and it terminated on July 31st, 2020.
It provided for three people to live in the apartment.
Okay. Was the lease renewed?
- Nope. - Okay.
And so then you became a month-to-month tenant?
Yes.
And that was in February of 2020.
They also increased the rent.
That's okay, they're allowed to do that.
- That's a business. - No, I know.
They're allowed to do that.
When your lease was extended on a month-to-month basis
after February of 2020, would you tell me
if the same people lived in the apartment
as were on the original lease?
No.
So more people moved in?
- Yes. - Who?
That would be my sisters and my mother.
- Sisters? - Yes.
- Two sisters? - Yes, they were--
And when did they move in?
Maybe about, uh... maybe 2020, maybe.
I'm not... couldn't really be positive.
So that would have been in violation of your original lease?
Yes.
And it was an apartment that you were renting.
Yes.
And the apartment complex has a pool.
Yes, it does.
And the incident around
the circumstances surrounding this eviction
that was served on you, that happened in what month and year?
It was in June of this year.
How long, Miss Shaw, have you been the property manager?
Since the end of November of last year.
- November of 2021? - Yes.
And in November of 2021, did you know that
there were additional people living in the house?
- Yes. - And did you tell her that
they had to vacate,
that it was in violation of the underlying lease?
I had that morning, actually, when the confrontation happened.
No, I'm talking about...
Shh. Pay attention.
- I... - My question was, did you
register any complaint with the plaintiff about the additional people living there?
Be very careful that you tell me the truth
because I know that you think you may know where I'm going,
but you don't.
Did you make any complaint to her
November, December, January, February, March, April, or May?
The answer is either "yes" or "no"
about the other people living in the house.
No.
So I guess I'm going to start with you,
because an incident occurred that resulted in her being evicted,
that you're serving her with a notice of eviction.
- Right. - Tell me when that took place,
because I have to know what your reason was.
- That's a fair statement? - Yes.
- Right. - Okay.
So in June '22, like I said, that morning, I had served--
What morning?
June 21st or something, I believe.
What kind of letter were you serving on her?
Um, I just gave them, mine is, it's just a complaint notice,
you know, saying that-- - Do you have a copy of that?
I may.
Do you know what she's talking about?
Yes, I have a copy.
I'd like to see it.
There you go.
Okay, well, this is a letter that says, "You and your company
were eating and drinking in the pool area.
Even after I told them to stop, that it wasn't allowed,
they did not stop,
and there is absolutely no eating or drinking in the pool area."
Okay.
- So that's the letter she served to you. - Yeah.
And that was on June 21st.
- That's the letter she threw at me. - Now, who was eating...
Who was eating and drinking in the pool?
- That would be my sister. - That wasn't just your sister.
No, it was her and her family.
No, no, just a second. Let's get it together.
So your sister who wasn't supposed to be there,
but they sort of let that skate.
- Oh, well-- - Who wasn't supposed to be there.
- Okay. - Okay, so your sister and who else?
That would be my sister, her boyfriend,
and two of her friend-- or three of her friends, I think.
Had they ever been to the pool before?
My sister has, but not her friends.
So the person who wasn't supposed to be living with you,
- that's your sister... - Yes.
...invited her boyfriend and three other friends to the pool.
She called and asked if it was okay first.
- She asked you? - Yes.
- And you said fine? - Yes.
You didn't call the manager?
- No. - Okay.
And you are aware that there's no eating and drinking in the pool?
That's not what it says on my lease.
- Is that what it says at the pool? - Nope.
Does it say anywhere in the house rules?
Nope.
- "Nope" is not an answer. - Oh, I'm sorry. No.
- The answer is "no." No. - No, ma'am, it is not.
Now, you've been living there for a long time.
- Do you use the pool? - Yes, I do.
Ever had any trouble in the time from November of last year?
No.
- Ever had any complaint? - Nope.
- "Nope" is not an answer. - No. Sorry, sorry, sorry.
- I'm sorry. - "No" is the answer.
- No, no complaint. - Yeah. Okay, no, sorry.
Okay, and did you discuss with your sister and her friends
that there were any rules that she had to abide by?
No, I did not, because I was not home yet.
Stand up.
- First name is? - Aleah.
You were there, boyfriend and three girlfriends.
- Any children? - No.
- You know this lady? - Yes.
What happened when she came to tell you
that there was no eating or drinking at the pool?
So we were standing--
Just what happened when she told you.
She came screaming at us,
telling us that we needed to get the food out and that we needed to go.
Get the food out.
What kind of food had you brought in?
It was just pizza and, like, a soda and watermelon.
So it wasn't a piece of fruit. You were having a meal there.
- Pizza and food. - Yes.
Had you ever seen your sister bring food into the pool area?
Snacks, yeah.
Yeah, I'm not talking about snacks.
Did she ever bring food into the pool area?
No.
What prompted you to order food into the pool area?
It was a hot day and we were hungry, and I'm not sure.
You asked your sister if it was okay if you and your friends came?
Yes.
Since you never saw anybody.
Because usually there are signs posted around a pool.
Yeah.
I've lived in enough places to know,
and the pool signs usually say "No jumping in the pool,"
"No food or drink around the pool," right?
- Yes. - Most pools say that.
Yes.
Did this pool say that?
It just said, like you said, "No jumping in the pool
and no diving, um, to come into the pool."
But it never said nothing about food, drinks, nothing like that.
- Really? - Yes.
Okay, so now you please establish to me, Miss Shaw,
that there was notice that there was no food and drink at the pool.
- Their pool addendum. - May I see?
And then also no guest addendum.
Just a second.
- It's all part of their-- - Hold on.
You're Melissa Duran?
Yes, I am.
- And that's your signature? - Yes.
Yes. "The pool is reserved exclusively for the use of residents of the building."
- That's what it says. - Okay.
That's what you signed.
"No diving in the pool area.
No intoxicated persons."
Okay, I just want you to show me here.
First of all, the only thing that they are violating
is that "Pool is reserved exclusively for the residents of the building."
That's in here, but I don't see anything about food.
The new pool addendum wasn't part of their contract.
So when we put out the new one, it was for more updated tenants.
- - - But we didn't serve them on the pool. - Just a second.
We served them on the guests.
Is what you're saying to me, the only thing that she signed is this
and there is no sign around the pool that says no eating or drinking?
There is a sign by the pool.
- Do you have a copy of it? - I don't have a copy of that.
Why not?
I texted her that I was sorry that they had food in the pool
and I did not know that.
So that you knew they weren't supposed to have food in the pool?
Yeah, but I didn't know they'd bring it.
Just a second. That's not what I asked you.
Melissa Duran claims
her former property manager, Tracy Shaw,
owes for a wrongful eviction and an assault.
Okay, go ahead.
Because she had moved in prior to them changing the pool addendum,
I posted the new pool addendum on all of the doors,
and I have actually text messages of Melissa asking me, "Can we..."
You know, "No floaties?" And I said, "Oh, of course."
- May I-- - You know, for children and what not,
- but not big floaties. - Okay.
So she was acknowledging the pool addendum that I had.
That I'll see.
Now, she's going to show me your text messages to her.
- Yes. - So you received the revised pool rules?
Yes.
And did the new pool rules say anything about guests?
No, it did not.
So if it said nothing about guests, you originally said that
the pool was specifically reserved for residents of the complex.
- Yes. - And according to you,
the new pool rules, do they talk about having floaties in the pool?
Yes, it did.
Did it talk about having guests at the pool?
Mm...
Yeah, actually it did.
And what did it say?
There was no problem. Just like on the original lease.
- It was fine to have guests in the pool. - No, no, no.
No, that's not what this says.
This says that the pool is reserved for residents of the building only.
Well, we were already told before that it was fine to have guests.
This is the contract that you signed.
Yes. Yes, I understand.
So this is the first one that you signed.
- This one. - Mm-hmm.
And absent anything else, this says no guests at the pool.
- This says residents only. - Okay.
You say that the new rules allow you to have guests,
or were they silent?
There was nothing on there saying that you cannot have guests.
It was mainly just saying that you cannot have floaties,
you cannot jump or run into the pool.
- So-- - Just a second.
- Did it say anything about food? - No.
Is there a new sign posted around the pool that talks about food?
- No, it does not. - All I want to see is, Miss Shaw,
something in the new rules that talks about food.
And I'm getting very bored with this.
Now, when Miss Shaw came over and told you
you couldn't have food, you had to get rid of the food,
about what time was that?
Probably like 5:00, 6:00. I'm not exactly too sure.
And when had this food and stuff arrived? Was it...
We brought it. We were coming in with the food.
We walked in with the food. She...
- I'm pretty sure she seen us. - Just a second.
So you and your group, five people, walked in with dinner.
- Yes. - To the pool area.
And did the dinner include any alcoholic beverages like beer?
No. No.
What kind of drinks were there?
It was Pepsi. It was soda.
And what happened when Miss Shaw came over and told you
you weren't allowed to have the food at the pool?
She came very aggressively.
Okay, she came aggressively and she said you're not allowed--
She stormed out and screamed, "Get the food out,
and you guys need to leave."
And so what did you do?
I told her, okay, I'd get the food out.
And I made a call to my sister to come help me with the food.
- - - And as we were packaging-- - Where was your sister?
She was upstairs.
So when you came out with the food, you came out of the apartment?
No, we had just gotten there. We had...
We were coming from another pool area.
What other pool area?
My boyfriend's friend.
We were going to swim at his pool,
but it wasn't available 'cause there was too many people there.
Were you at your boyfriend's house during the day?
No, I was at school, and they were all at work,
so we all just, like, met up after everything.
Okay, so you were asked by Miss Shaw to get the food out,
and then you called your sister?
- Yes, and I told her-- - And then what happened?
And I told her she could come get the food
while we swam or if not, that we were going to leave.
Why didn't you just get out?
Well, 'cause I was trying to help
'cause we were splitting, like, the check, the money,
so we're, like, splitting the pizza, who's getting what, and all of that.
And before we even could leave,
she stormed out again, screaming, saying, "You guys are getting a notice,
you guys are getting a notice,"
and running up the stairs to her 'cause she was coming out,
and she was like, you know, like, "Hey, like, what's going on?"
And then she was like, "You guys are getting a notice.
I'm tired of everybody, like, not listening
and coming to me with your problems."
And then my sister was like, "Whoa, like, you know, like, hey, like, relax.
I'm coming to get the food."
And then she threw the paper, and my sister backed up like, you know...
Okay, so what...
So the letter, she gave your sister the letter.
It was a notice.
She gave you the paper that said, "This is a complaint.
There are people in the pool who are eating, drinking.
They don't belong here, they're not," whatever she said.
- "Here's your notice." - Yes.
Okay. And that was on the 21st of June, then what happened?
Well, after she threw the paper at me, um, she turned back around,
still yelling, and she stomped down the stairs,
and I'm trying to tell her, "You didn't give me time
to come and get the food."
And? And?
And she slammed, she ran back in her apartment,
slammed her door.
And she went back to her apartment and you went where?
Back into my house.
Okay, you went back into your house.
- Yes. - So what did you do
when you went back?
When I got back there, I texted her, telling her that I was sorry
that they had food in the pool and I did not know that
because I did not know at the time.
Just a second.
So, Miss Duran, so that...
Let's cut to the chase.
So that you knew they weren't supposed to have food in the pool, only snacks?
Yeah, but I didn't know they'd bring it.
Just a second.
- That's not what I asked you. - Okay, I'm sorry.
You knew that there was no food in the pool,
only water and snacks.
- Okay, yes. - So you knew that?
- Okay, yes. - Okay.
Now, if you know that and you have given...
I'm just telling you what the law is.
Mm-hmm.
If you know that, that there is a rule,
and you don't convey that, that's your problem, okay?
- Okay. - All right, so that's June 21st,
when guests that you agreed to have in the pool,
you didn't know that there was food there,
you knew that there wasn't supposed to be food there,
that knowledge is imparted to your guests.
That's a legal assumption.
I want to know what happened after June 21st.
When were you served with a three-day notice to quit?
I believe it was on the 24th.
I'd like to see it.
Okay. I have three of the same, they sent me three of them.
I just have to see one.
Did the attorney who you say you gave by a cash app, by a cash app,
return any of the monies?
Okay, well, you served this three-day notice to quit,
Miss Shaw, and in it, you're alleging threatens to commit a crime.
So I assume that the person...
It talks about a statement, threatens to commit.
I assume that the threat was directed to you.
Yes.
In any event, you were given a three-day notice to quit,
but actually you managed to get that extended to 30 days.
Yes.
And one of the things that you had to do was to hire an attorney.
Yes.
And when you hired an attorney,
did you hire an attorney and pay a retainer?
Oh, yes, I did.
Okay, I'd like to see proof of what you paid the attorney.
I don't think I bring the one that pertained to the lawyer.
What I do have is him finding out what the criminal act was.
No. You're a month-to-month tenant?
Yes.
Landlord has a right to give you a 30-day notice
and say you have to quit the premises.
You have no legal right to be there.
My only question is, you were not given 30 days' notice,
you were given a three-day notice,
and I'm not actually convinced that there was a basis
to give you a three-day notice.
If I called him, would he tell me that you paid him $1200?
Yes, he would. Though I still owe him $250.
- So you paid him $950? - Okay. Okay.
What do you mean, "okay"?
Melissa Duran has accused
her former property manager, Tracy Shaw, of wrongfully evicting her.
Tracy claims Melissa was violating apartment rules.
Now, if you got 30 days, and the reason you got 30 days
is because you retained an attorney,
I'm prepared to look to see how much you paid the attorney
because that's an expense that you have
that you wouldn't have had but for the three-day notice to quit.
- They're entitled to tell you to leave. - Yeah.
I mean, you're there with too many people living in the apartment.
They've already had a kerfuffle 'cause you allowed your sister
and her boyfriend and friends to come to the pool.
They were told no food, they ignored 'em.
But I don't think any of that rises to the level of grounds
to give you a three-day notice to quit.
I think that if they want to tell you that you have to be out in 30 days,
that's reasonable, but they didn't.
They gave you a three-day notice, forcing you to hire an attorney.
I'm prepared to give you the attorney's fees if you prove to me
that you paid an attorney.
I do have proof of that, but I do not have it with me.
Okay, and how much did you pay him?
That's an easy thing for me to verify.
- Um, I believe it was $1200. - No.
I want you to think about it carefully.
No, it was 1200 because he had lowered it.
He lowered it from 1400 to 1200.
And you paid him by check or cash?
I paid him in Cash App, is the only thing, only way I could.
Did he go to court with you?
We never. We haven't.
This is the first court we have been to.
So how did he get you 30 days?
Because I got the three-day notice
and it kept saying I committed a criminal act.
- Okay, let's-- - So that was the reason
why I obtained the lawyer,
so he can find out what the criminal act was.
And just by phone calls, he got them to extend it to 30 days.
- - - Yes. - So you were never...
and you left after the 30 days?
I left before the 30. I left on August 1st.
Okay, and where did you go?
I had to move all the way to Atwater, California.
- Is that where you live now? - Yes, it is.
And who lives with you?
My husband and my young son. That's it, just the three of us.
We moved into a smaller, more expensive place.
- Okay, and you left your sisters. - And my mother.
- And your mother. - They are somewhere completely different.
- Okay. What do you... - This is in their lease
about disturbances and threats.
Listen, I've already made a determination
that the three-day notice should have been a 30-day notice to leave.
I don't think that anything that I've heard today
rises to the level of giving people who have been in the apartment
as long as they had, especially over pizza,
requires a three-day notice.
So the only question that I'm entertaining
on behalf of the plaintiff
and the only monetary award that I'm going to contemplate
- are attorney's fees. - Mm-hmm.
Did the attorney who you say you gave by a cash app
return any of the money,
since he never had to go to court for you?
No, he did not.
Just a second. If I called him right now,
would he tell me that you paid him $1200?
Yes, he would. Yes, he would.
Though what I was going to tell you
is that I did not have enough to pay him completely.
I still owe him $250.
So you didn't pay him, so you paid him $950.
- Okay. Okay, I'm sorry. I didn't. - What do you mean, "okay"?
No, I mean, I'm sorry, I didn't.
- So you paid him $950? - Yes.
I'm awarding you $950, which are your attorney's fees
- for the reason that... - Your Honor...
I'm speaking.
For the reasons that I've stated,
because they have an absolute right
to give you a 30-day notice to tell you to leave.
And there was a basis for it, actually.
And, you know, there was a basis for saying your guests,
which is you, were not abiding by the rules.
You're a month-to-month tenant.
"Right now, we do not intend to keep you as a tenant.
We give you a 30-days' notice to find another place."
I think that would have been absolutely app... I'm speaking.
Would have been absolutely appropriate.
I think a three-day notice to quit was inappropriate,
given the level of infraction.
So I'm awarding you the counsel fees
'cause that's what it took to get you your 30 days.
This case is over. Thank you very much.
- Thank you. - This court is adjourned.
I'm disappointed in the decision.
Her actions of her aggression, throwing something in my face,
that was a little bit excessive.
I don't feel that I got to say more of the story that continued to happen.
Her actions caused me to get evicted in three days.
They have bad character.
And so I don't think that I owe them anything.
I mean, I didn't think anything, like, would come to this, you know?
I'm just glad they're gone.
I'm happy to be out because I just really wanted her
to be held responsible for what she did.
So a trend I've seen a lot here is plaintiff suing for wrongful eviction
when they're a month-to-month tenant.
And from what I've learned in landlord-tenant law in New York--
I know it varies a lot from state to state--
is the landlord only has to give you as much notice as your term,
which, if you're a month-to-month tenant, would be 30 days.
So people have to really understand
the legalese of their contract and of their lease.
Because if you feel like you're being wrongfully evicted
as a month-to-month tenant,
that's a different standard than if you have a standard,
yearlong, written lease. - Lease.
Well, that's sort of the reason I didn't think
that the one instance that was raised was sufficient
to give them a three-day emergency notice to quit.
- Mm-hmm. - It might have been enough.
That, coupled by the fact that there were too many people
living in the apartment
to give them a 30-day notice.
- That is your right, it's your property. - Mm-hmm.
But I didn't think it rose
to the level of a three-day notice to quit for threats.
I didn't either. So I agreed with your 950 judgment for the attorney's fees.
Yeah. I would have been happier if she had some sort of a receipt
- or something from her Cash App. - Yeah.
Because she very quickly changed the 1200 to 950.
She was honest.
- I think the right thing happened. - Yeah, me too.
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