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{\an8}They owe you for rent
and for property damage?
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- That's correct.
- You took the carpet off?
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And I showed 'em a section
of the carpet.
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We were walking, our socks
would be black. Our feet would be black.
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Our toilet got stopped up.
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I would go with a plunger,
it won't even go down.
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- And it never got fixed.
- Really?
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This is Judy Justice.
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{\an8}Isaac Yuno is suing
his former tenants,
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{\an8}Anvey Kelly and Kevin Jackson,
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{\an8}for unpaid rent and property damage.
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Court come to order. All rise.
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Have a seat, please.
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- Hello, Judge.
- Hello.
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Case number 2116.
Yuno versus Kelly Jackson.
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- Thank you.
- You're welcome.
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Mr. Yuno, you purchased a duplex home,
two different apartments?
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- That's correct.
- In what month and year did you purchase
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- the home?
- November of 2020.
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And when you purchased it,
one of the duplexes was occupied
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by the defendants?
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That's correct.
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It is your claim
that they owe you for rent?
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{\an8}- Yes.
- And for property damage?
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{\an8}- That's correct.
- They are no longer there?
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{\an8}- No.
- Mr. Jackson?
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- Yes.
- How long were you and your wife living
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in the duplex before November of 2020?
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We moved in June of 2019.
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And at the time, do you recall
who your landlord was in June of 2019?
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- Yes.
- Between June of 2019,
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when you first moved in,
and November of 2020,
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when the plaintiff bought the property,
was there any work done on that property?
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- Not at all.
- Any...
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- No maintenance?
- No maintenance.
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Okay. So, from the time you moved in,
the prior owner did no maintenance
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on that property? Did no painting?
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Oh, uh, just the minor stuff
before we moved in.
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They just painted and just had everything
looking nice the floors...
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So just a second.
So the prior owner painted the premises...
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- Mm-hmm.
- ...and did the floors?
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Yes, it was carpet and...
and some flooring in the kitchen.
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And Mr. Yuno did not do any other painting
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or flooring or any cosmetic work
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on the duplex when he purchased it
in November of 2020?
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- No.
- So whatever was there
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by the previous owner
of the property is still there?
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- Yes.
- I'm just asking you this
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because your counterclaim
is for child endangerment,
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and the child endangerment
is because of lead paint.
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- That's what you write here.
- Yes.
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He didn't put in the lead paint,
right?
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- Yes. Thinking about that. Yes.
- He didn't paint it.
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You don't know when it was painted?
Maybe it was painted by the prior owner.
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{\an8}How do you know? By the way,
do you have medical records of the child
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{\an8}that you claim has lead poisoning?
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- Yes.
- I'd like to see them.
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May I see them?
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I have no idea what this says.
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That's the, the piece of paper that he
gave me from the hospital.
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- Well, I...I don't understand.
- You asked for his blood work.
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I'm not a doctor so I can't...
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We have something from the health
department also stating
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that because my son has lead...
lead was found in his system,
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they got involved.
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I understand that.
He did not paint the apartment?
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- No ma'am.
- When you, just for my own curiosity,
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when you bought this place,
do you remember the purchase of it?
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And when you purchase a property,
usually there's an inspection.
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- Yes.
- And one of the questions
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usually has to do with lead paint.
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Do you remember any of that
from when you purchased the property?
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I didn't receive any notification
of lead paint from inspectors.
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Well, usually they sign off
that there is no lead paint.
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{\an8}I don't remember seeing
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{\an8}'cause they never mentioned
anything about it.
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{\an8}Nothing about lead paint?
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- No.
- Okay.
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Did you ever have the home tested
by the way, for lead?
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Only when... when we found out
about my son having lead.
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Okay. And do you have the test result?
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And there was lead found in two places,
not just the bathtub.
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Ms. Kelly, the issue was
he didn't do any of that painting.
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- Right.
- He bought the place.
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You had been living there for a year
and a half before he bought the place.
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- Right.
- Right?
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- Yes.
- Okay, and your son was born
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within that year and a half?
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Well, we moved there
he was six months.
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He was six months old.
So you lived there for a year and a half
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even before he purchased it?
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- Yes ma'am.
- Okay.
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We did buy the things
to fix the bathroom up,
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and he told us to take them back .
To fix the tub and everything
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'cause we asked him to fix it.
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So the things we had like to get the tub
fixed, the flooring and everything,
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he told us to take back.
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How many people were living
in the duplex?
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- Our...in our apartment?
- In your apartment.
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- Four.
- Four.
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- Four? Including the baby?
- Mm-hmm.
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- Yes Ma'am.
- Including the baby.
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{\an8}- And how old's the other child?
- Uh, she's 14.
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Okay. Do you have that report?
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No, this is just stating
where it was at.
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- The health department?
- Yes. I thought that piece of paper
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- that I gave you was that one.
- No.
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- This is just...
- This doesn't say...
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...this is just showing where the lead
was found in the house.
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How old is this duplex?
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{\an8}It was built in 1906.
So, almost 115 years or so.
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{\an8}Yeah. And they certainly used
lead paint then.
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Possibly. Yeah. I'm not sure about it.
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- Not sure.
- I don't understand about it.
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Ms. Kelly, Mr. Jackson,
that's not his fault.
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- Mm-hmm.
- Not his fault.
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So now I would like to know
Mr. Yuno is suing you for rent.
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And I'd like to know first,
how much rent were you paying?
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Seven fifty.
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And that's what you were paying
under the old lease?
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- Yes.
- And were you current on your rent
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when Mr. Yuno took over the property?
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- Yes.
- In November of 2020?
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- Yes.
- So far, correct?
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That's accurate.
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When did you stop paying rent?
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December of 2021.
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- So you paid rent for a year?
- Yes ma'am.
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Were you working Mr. Jackson?
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Uh, yes. When I first moved in, yes,
I was working two jobs.
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And were you working from November of 2020
to December of 2021?
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- Yes, I was. It was... I was.
- For whom?
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Um, I was working
for TGI Friday's.
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And Ms. Kelly, were you working?
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No Ma'am. I'm disabled.
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And how much were you receiving in pay?
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I was only getting...
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If you have to think about it,
you don't remember.
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Yeah, I wasn't getting too much
'cause it was during Covid
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and I was working at a restaurant
and I was only allowed to work three days
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out of the week.
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Okay. And what happened
in December of 2021?
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{\an8}What happened was he already sent us
a letter previously saying
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{\an8}that he wanted to go up
on the rent to, uh...
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Okay. So you had no lease anymore
and he wanted to raise the rent?
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- Mm-hmm.
- Okay.
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I believe you.
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And that was the reason
that you used to try to evict them before?
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Yes, that was the first one,
but I don't agree with his statement.
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Well, what statement
don't you agree with?
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{\an8}Isaac Yuno claims
his former tenants,
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{\an8}Anvey Kelly and Kevin Jackson,
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{\an8}owe for unpaid rent and property damage.
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00:07:06,934 --> 00:07:09,767
Anvey and Kevin are countersuing
for child endangerment,
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and a constructive eviction.
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In what month was that?
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- Uh, he sent it to us. I want to say...
- Do you remember Mr. Yuno?
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It was 90 days before the 1st of December.
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So that would've been, I think,
September 31st or October 31st.
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That he was raising the rent to what?
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To a $1,000 a month.
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Effective December?
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- Yes, December 1st.
- And what happened in December?
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We were at that time looking
for a new apartment and by that time
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it was higher because around that time
a lot of the rent was going up
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from just being like $800, $900
to $1,200 to $1,400 for rent,
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you know, for a month there.
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- Um...
- Don't speak.
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{\an8}- Okay.
- And that was, you know what, why,
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{\an8}why we stopped paying rent
because we were actually looking
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{\an8}for a house
even when he gave me the 90 days.
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Okay, so Mr. Jackson,
based upon what you just told me,
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sir... stop shaking your head,
stop, just...
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based upon what you told me,
your landlord
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gave you 90 days notice
that if you wished to stay on,
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he was raising your rent
to $1,000 a month.
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- Yes.
- And you started to look around
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- for a new place?
- Yes.
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And the new places
were very expensive.
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- Yes.
- And you didn't find a place?
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- No.
- So you decided to stay in this place?
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No, uh...
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- So what did you do?
- Yeah, well... yeah, we...
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So if you didn't find a place
in December...
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It was trying to stay there
until we found a place.
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I assumed they paid rent in September?
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- Yes.
- Oh, yes, yes.
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- In October?
- Yes.
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- Yes.
- They paid rent in October?
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- Yes.
- Good.
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And November?
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Um, November was the last month
that they paid.
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- So they paid in November?
- Yes.
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So you stopped paying rent
in December of 2021?
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Yes.
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- Do... don't...
- Can I say... what? Oh.
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- No, you cannot.
- Okay.
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- If I need you I'll come to you.
- Okay. Yes, ma'am.
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- Okay?
- Okay.
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00:08:57,467 --> 00:08:59,367
Because so far he's doing fine.
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00:08:59,433 --> 00:09:03,200
You stopped paying rent
in December of 2021.
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00:09:03,266 --> 00:09:04,300
Tell me why.
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00:09:04,367 --> 00:09:07,867
We didn't wanna live there
ourselves anymore either
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00:09:07,934 --> 00:09:11,667
but it was just a lot of things going on
at...at the...at the house.
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00:09:11,734 --> 00:09:14,767
Like after my father passed away
and he first gave us
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00:09:14,834 --> 00:09:18,300
the first eviction notice,
because he gave us more, more than one.
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00:09:18,367 --> 00:09:19,700
- Just a second.
- Okay. I'm sorry.
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00:09:19,767 --> 00:09:22,734
- We're, we are skipping over.
- Okay.
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00:09:22,800 --> 00:09:27,300
He didn't give you an eviction notice,
I assume, until you stop paying rent.
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00:09:27,367 --> 00:09:30,367
{\an8}No, uh, before December,
he gave us like, three of them I think.
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00:09:30,433 --> 00:09:31,700
{\an8}I want... I wanna say three.
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00:09:31,767 --> 00:09:32,967
{\an8}- Really?
- Yes.
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00:09:33,033 --> 00:09:35,166
Why were you trying to evict them before?
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00:09:35,233 --> 00:09:37,333
They had torn up the carpet upstairs.
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00:09:37,400 --> 00:09:40,033
It was a moratorium for evictions,
but there was a stipulation
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00:09:40,100 --> 00:09:42,700
that emergency evictions
for nuisance tenants
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00:09:42,767 --> 00:09:44,533
could be granted before then.
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00:09:44,600 --> 00:09:46,900
Is there any reason
why you took up the carpets?
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00:09:46,967 --> 00:09:50,834
Yes. The, uh, same thing
before he took over the...
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00:09:50,900 --> 00:09:52,600
everything was in the house
before that.
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00:09:52,667 --> 00:09:54,900
And...and we complained
to the previous owner that the carpet
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00:09:54,967 --> 00:09:57,333
was already dirty.
They said that they were gonna come
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and shampoo it, but, but never did.
Like we were walking,
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our socks would be
black, our feet would be black, you know,
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00:10:02,033 --> 00:10:04,500
so we wanted to take the carpet up.
It was...it was dirty to us.
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00:10:04,567 --> 00:10:07,633
And, uh, I myself
actually told him about it.
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00:10:07,700 --> 00:10:10,900
I went downstairs to his apartment
'cause he lived downstairs from us,
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00:10:10,967 --> 00:10:13,066
talked to him about it.
He came upstairs and I showed him
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00:10:13,133 --> 00:10:16,333
a section of the carpet
that wasn't even connected to the floor.
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00:10:16,400 --> 00:10:20,300
You can lift up the whole carpet
and across a whole section of the wall.
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00:10:20,367 --> 00:10:24,333
And then when I did that, he seen
that the hardwood looked at kind of decent
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00:10:24,400 --> 00:10:28,100
and instead of putting new carpet on,
he wanted the hardwood to get sanded down
233
00:10:28,166 --> 00:10:31,467
and just get...get stained
and you know, and lacquered over.
234
00:10:31,533 --> 00:10:33,400
- So you took the carpet off?
- Yes.
235
00:10:33,467 --> 00:10:34,600
I believe you.
236
00:10:35,133 --> 00:10:38,867
Sounds right Mr. Yuno? Okay.
237
00:10:38,934 --> 00:10:43,200
And that was the reason
that you used to try to evict them before?
238
00:10:43,266 --> 00:10:46,500
Yes, that was the first one,
but I don't agree with his statement.
239
00:10:46,567 --> 00:10:48,667
Well, what statement don't you agree with?
240
00:10:48,734 --> 00:10:51,934
Well, a number of things that he said
that I didn't authorize him.
241
00:10:52,000 --> 00:10:55,100
We spoke, I asked him in the first meeting
if there was anything that they wanted
242
00:10:55,166 --> 00:10:57,367
to have spruced up
or anything as a good gesture.
243
00:10:57,433 --> 00:11:01,633
And they took it upon themselves to take
up the carpet without my permission.
244
00:11:01,700 --> 00:11:04,533
Okay. Not a huge deal.
Not a huge deal.
245
00:11:04,600 --> 00:11:07,967
You could use it as a huge deal
if you want your tenants out
246
00:11:08,033 --> 00:11:12,233
{\an8}because you know you can re-rent
that duplex for substantially more money.
247
00:11:12,300 --> 00:11:15,533
{\an8}It was more about their conduct
that they were being very disturbing
248
00:11:15,600 --> 00:11:18,600
behavior and just being off the wall.
249
00:11:18,667 --> 00:11:20,767
So I wanted them out for a lot of reasons.
250
00:11:20,834 --> 00:11:24,633
I know, but only one of them qualified
under the eviction moratorium.
251
00:11:24,700 --> 00:11:27,100
Yes. For emergency of dismantling...
252
00:11:27,166 --> 00:11:29,567
Only one...
and that would've been the carpet.
253
00:11:29,633 --> 00:11:31,133
Okay. Mr. Jackson?
254
00:11:31,200 --> 00:11:32,867
- Yes.
- I'm back to you sir.
255
00:11:32,934 --> 00:11:35,300
I haven't figured out yet.
256
00:11:35,367 --> 00:11:39,333
You stopped paying rent in December
and you moved out in what month?
257
00:11:39,400 --> 00:11:42,700
- We didn't move out until...
- June.
258
00:11:42,767 --> 00:11:44,033
June. June.
259
00:11:44,100 --> 00:11:48,600
June. So January, February, March,
April, and May,
260
00:11:48,667 --> 00:11:52,567
let's say five months rent
that you didn't pay, correct?
261
00:11:52,633 --> 00:11:53,834
- Yes.
- Why?
262
00:11:53,900 --> 00:11:57,100
- Can I speak Your Honor?
- Just no, him.
263
00:11:57,166 --> 00:12:01,467
Tell me why you didn't pay
the five months rent Mr. Jackson.
264
00:12:01,533 --> 00:12:07,500
We just figured that, you know,
well we didn't figure, we didn't wanna pay
265
00:12:07,567 --> 00:12:09,800
him a $1,000 because to us...
266
00:12:09,867 --> 00:12:12,500
Okay. So let's say you didn't wanna pay
him a $1000.
267
00:12:12,567 --> 00:12:14,333
- Mm-hmm.
- Even though you just told me
268
00:12:14,400 --> 00:12:16,433
finding another place
would be more expensive.
269
00:12:16,500 --> 00:12:17,500
- Mm-hmm.
- Right?
270
00:12:17,567 --> 00:12:21,266
You said 12, 1,400
but you didn't give him 750,
271
00:12:21,333 --> 00:12:24,500
you gave him zero for those five months.
272
00:12:24,567 --> 00:12:27,600
So I'm gonna come back to you Mr. Jackson.
273
00:12:27,667 --> 00:12:31,433
Does your wife receive disability payments
because of her disability?
274
00:12:31,500 --> 00:12:33,533
- Yes.
- Yes. How much a month?
275
00:12:33,600 --> 00:12:35,300
- That I don't know.
- Um, like, a thousand...
276
00:12:35,367 --> 00:12:37,233
How much a month
do you receive Ms. Kelly?
277
00:12:37,300 --> 00:12:38,533
- A thousand dollars.
- $1,000?
278
00:12:38,600 --> 00:12:40,700
{\an8}- Mm-hmm.
- And did you continue to receive
279
00:12:40,767 --> 00:12:45,133
{\an8}that $1,000 every month
from December until June?
280
00:12:45,200 --> 00:12:48,100
- Yes, ma'am.
- You see? Certain things remain constant.
281
00:12:48,166 --> 00:12:50,734
Your disability payments remain constant.
282
00:12:50,800 --> 00:12:52,200
- Right.
- If you live in an apartment,
283
00:12:52,266 --> 00:12:56,433
and you have the same sort of income,
then you pay rent.
284
00:12:56,500 --> 00:12:59,100
- Right.
- And if you didn't pay a $1,000
285
00:12:59,166 --> 00:13:01,333
so I...I hear you... well.
286
00:13:01,400 --> 00:13:03,266
- That's what he said he wanted.
- Mm-hmm.
287
00:13:03,333 --> 00:13:05,734
And he's the landlord
and he's allowed to do that
288
00:13:05,800 --> 00:13:07,700
if you are going to stay in his premises.
289
00:13:07,767 --> 00:13:11,100
But you paid nothing Mr. Jackson
and that's what I don't understand.
290
00:13:11,166 --> 00:13:13,767
- Well, the furnace was busted...
- Just a second.
291
00:13:13,834 --> 00:13:14,867
- Yeah.
- Ms. Kelly?
292
00:13:14,934 --> 00:13:16,300
- Sorry, ma'am.
- What?
293
00:13:17,000 --> 00:13:18,300
You paid nothing.
294
00:13:18,367 --> 00:13:19,767
Yeah, yeah, nothing.
295
00:13:19,834 --> 00:13:21,567
Where did you move in June?
296
00:13:21,667 --> 00:13:26,900
Moved in the same area,
like kind of, like probably 10 minutes
297
00:13:26,967 --> 00:13:28,900
away from that particular street.
298
00:13:28,967 --> 00:13:31,066
Is it a private house
or an apartment?
299
00:13:31,133 --> 00:13:33,100
It's a house. It's a duplex as well.
300
00:13:33,166 --> 00:13:34,967
Duplex? So the same sort of setup?
301
00:13:35,033 --> 00:13:36,700
- Mm-hmm.
- And how much rent are you paying?
302
00:13:36,767 --> 00:13:38,300
Pay, uh, $950.
303
00:13:38,367 --> 00:13:42,467
So almost as much as he wanted
in his rent.
304
00:13:42,533 --> 00:13:45,233
But are you more comfortable in that unit?
305
00:13:45,300 --> 00:13:46,767
- Yes.
- Okay.
306
00:13:48,734 --> 00:13:51,300
My wife walked down there
and asked was he the landlord?
307
00:13:51,367 --> 00:13:53,433
And he just said
that he was the...the building manager.
308
00:13:53,500 --> 00:13:56,767
So nobody even got rent for the month
of November when we lived there.
309
00:13:56,834 --> 00:13:59,767
Not him or even the previous people
because he didn't even come upstairs
310
00:13:59,834 --> 00:14:00,900
to introduce us.
311
00:14:00,967 --> 00:14:05,200
Well, I wouldn't complain about that, sir.
if... you're ahead of the game so far.
312
00:14:16,900 --> 00:14:21,767
{\an8}Isaac Yuno claims his tenants,
Anvey Kelly and Kevin Jackson,
313
00:14:21,834 --> 00:14:24,567
owe for unpaid rent
and property damage.
314
00:14:24,633 --> 00:14:28,033
Anvey and Kevin claim
Isaac forced them to leave.
315
00:14:28,100 --> 00:14:33,867
Now you saved over five months,
let's say minimally 750.
316
00:14:34,266 --> 00:14:35,867
- Hmm?
- 3,750.
317
00:14:35,934 --> 00:14:37,233
Thirty-seven fifty.
318
00:14:37,300 --> 00:14:41,266
Now Mr. Yuno, the only question
that I have to ask you is,
319
00:14:41,333 --> 00:14:44,667
Mr. Jackson and Ms. Kelly say that
320
00:14:44,734 --> 00:14:47,867
they filled out some sort of forms
321
00:14:47,934 --> 00:14:52,667
for rent relief during Covid,
and you signed it
322
00:14:52,734 --> 00:14:58,400
and they say you received money
from the state for any unpaid rent.
323
00:14:58,467 --> 00:15:03,400
Did you receive any money from the state
for rent that they didn't pay?
324
00:15:03,467 --> 00:15:07,734
No, I approached them with an application,
but the program that funds
325
00:15:07,800 --> 00:15:10,066
the landlord relief for the moratorium
326
00:15:10,133 --> 00:15:12,700
{\an8}was only open for one month
and it came and it went
327
00:15:12,767 --> 00:15:15,900
{\an8}and I missed it and I never got it.
So I did have them fill out something
328
00:15:15,967 --> 00:15:19,166
{\an8}it was just a hardship thing,
but they didn't give me the money for it.
329
00:15:19,233 --> 00:15:21,800
- I never received anything.
- So you didn't receive any money?
330
00:15:21,867 --> 00:15:24,200
So, so far, Ms. Kelly and Mr. Jackson,
331
00:15:24,266 --> 00:15:28,500
you owe Mr. Yuno $3,750 for rent
332
00:15:28,567 --> 00:15:31,233
that you didn't pay while you occupied
his premises.
333
00:15:31,300 --> 00:15:33,834
You, your furniture, your children,
I don't care what it's,
334
00:15:33,900 --> 00:15:35,300
that's what you didn't pay.
335
00:15:35,367 --> 00:15:38,266
And you can't save up your money
and not pay your landlord.
336
00:15:38,333 --> 00:15:41,800
That's his business.
Just like you work for Friday's
337
00:15:41,867 --> 00:15:44,100
and you get your pay
when you're supposed to,
338
00:15:44,166 --> 00:15:45,166
that's his business.
339
00:15:45,233 --> 00:15:48,367
He bought a house,
he was counting on the income
340
00:15:48,433 --> 00:15:50,266
from that house
to pay some of his expenses.
341
00:15:50,333 --> 00:15:53,266
And you didn't pay it.
Well, there's no question
342
00:15:53,333 --> 00:15:56,367
that you have to pay it.
Now you have a counter claim.
343
00:15:56,433 --> 00:15:58,934
I've already gotten rid of
"child endangerment."
344
00:15:59,000 --> 00:16:02,066
House is 150 years old.
"Constructive eviction."
345
00:16:02,133 --> 00:16:06,433
So I'd like you to tell me
your allegations of constructive eviction.
346
00:16:06,533 --> 00:16:10,033
Is that like from him not doing anything
to the apartment while we lived there?
347
00:16:10,100 --> 00:16:12,567
I assume, you say
you were "constructively evicted."
348
00:16:12,633 --> 00:16:14,533
- Yes. He, uh...
- But you didn't leave?
349
00:16:14,600 --> 00:16:18,200
{\an8}Yeah. Yes. He has a couple text messages
in here where...where he says
350
00:16:18,266 --> 00:16:21,533
{\an8}that he actually came up
to the apartment to check things.
351
00:16:21,600 --> 00:16:25,433
He...he brought a permit like,
when he first got there in November,
352
00:16:25,500 --> 00:16:28,133
- we didn't have a working toilet until...
- Just a second.
353
00:16:28,200 --> 00:16:30,900
- Yeah, I'm sorry.
- So before he bought it...
354
00:16:30,967 --> 00:16:32,367
- Mm-hmm.
- Is that what you're telling me?
355
00:16:32,433 --> 00:16:34,200
I mean, uh, not before. I'm sorry.
356
00:16:34,266 --> 00:16:38,166
When he got the apartment in November,
the...the previous owners...
357
00:16:38,233 --> 00:16:40,834
we were trying to contact
to see who we pay for rent.
358
00:16:40,900 --> 00:16:46,233
Just a second here.
He bought the duplex in November of 2020.
359
00:16:46,300 --> 00:16:49,734
- Yes.
- Is what you are telling me, Mr. Jackson
360
00:16:49,800 --> 00:16:54,467
that certain things weren't working prior
to his purchasing the property?
361
00:16:54,533 --> 00:16:56,100
No, no.
I'm sorry, I wanna take that back.
362
00:16:56,166 --> 00:16:58,900
After he purchased it,
we didn't even know he purchased it
363
00:16:58,967 --> 00:17:00,333
'cause he was living downstairs.
364
00:17:00,400 --> 00:17:03,734
And my wife walked down there
and asked was he the landlord.
365
00:17:03,800 --> 00:17:06,266
He just said
that he was the building manager.
366
00:17:06,333 --> 00:17:09,900
So nobody even got rent for the month
of November when we lived there.
367
00:17:09,967 --> 00:17:13,300
Not him or even the previous people
because he didn't even come upstairs
368
00:17:13,367 --> 00:17:15,700
- to introduce us. But, I'm...
- Well, I wouldn't...
369
00:17:15,767 --> 00:17:19,200
Yeah, I wouldn't complain about that,
you're ahead of the game so far.
370
00:17:19,266 --> 00:17:21,367
- If you didn't pay rent for November.
- Yeah. Yeah.
371
00:17:21,433 --> 00:17:23,834
You didn't pay the prior landlord,
and you didn't pay him.
372
00:17:23,900 --> 00:17:27,000
So, so far you're ahead $750.
Okay, keep going.
373
00:17:27,066 --> 00:17:29,066
I go back to the, yeah. November, yeah.
374
00:17:29,133 --> 00:17:33,567
So during November our toilet got stopped
up like right before Thanksgiving.
375
00:17:33,633 --> 00:17:35,600
So shortly after he purchases it.
376
00:17:35,667 --> 00:17:37,667
- Yeah.
- He hadn't been up in the apartment?
377
00:17:37,734 --> 00:17:38,734
- Mm-mmm.
- Right?
378
00:17:38,834 --> 00:17:40,200
- No, not at all.
- Just you, your wife,
379
00:17:40,266 --> 00:17:42,433
your teenage daughter
and the baby.
380
00:17:42,500 --> 00:17:43,533
Yeah, and the kids.
381
00:17:43,633 --> 00:17:45,967
Okay. And the toilet got
stuffed up. And?
382
00:17:46,066 --> 00:17:49,700
And...and...and he brought in a plumber.
And then, the guy found out
383
00:17:49,767 --> 00:17:53,333
that my son put a little toy in there
and he...and he actually got the toy out.
384
00:17:53,400 --> 00:17:57,066
- So the toilet was broken by your son?
- Mm-hmm.
385
00:17:57,133 --> 00:17:59,767
Okay. So now the plumber said,
here's the toy,
386
00:17:59,834 --> 00:18:03,900
kid threw a toy down the toilet,
not unusual. And...?
387
00:18:03,967 --> 00:18:07,266
And then the very next month in December,
my son didn't put anything down there,
388
00:18:07,333 --> 00:18:08,834
the toilet started acting up again.
389
00:18:08,900 --> 00:18:11,734
It wouldn't flush for like, all the way up
until the next year.
390
00:18:11,800 --> 00:18:13,600
And it never got fixed.
But it was from...
391
00:18:13,667 --> 00:18:18,000
Well, you had to have, sir,
you lived there with three adults.
392
00:18:18,066 --> 00:18:21,533
- Mm-hmm.
- So there had to be a functioning toilet
393
00:18:21,600 --> 00:18:23,800
- in the house.
- It wasn't functioning.
394
00:18:23,867 --> 00:18:26,667
So where did you go
to use a functioning restroom?
395
00:18:26,734 --> 00:18:30,467
Her mom lived up the street from us,
you know, so sometimes
396
00:18:30,533 --> 00:18:33,934
we would live up the street,
or sometimes we would just use the toilet.
397
00:18:34,000 --> 00:18:38,600
Okay. You owe him $3,750 for rent
that you didn't pay.
398
00:18:38,667 --> 00:18:41,200
Counterclaim's dismissed, we're finished.
Thank you very much.
399
00:18:41,266 --> 00:18:43,166
This court is adjourned.
400
00:18:45,700 --> 00:18:48,633
{\an8}I had to collect money,
monetary judgment through the Courts.
401
00:18:48,700 --> 00:18:52,500
{\an8}You know, him being a landlord,
he left us living in crappy conditions.
402
00:18:52,567 --> 00:18:56,133
{\an8}It was unbearable situation
that I was going through with the noise
403
00:18:56,200 --> 00:18:57,533
{\an8}and the disturbances.
404
00:18:57,600 --> 00:19:00,166
{\an8}Yeah. He never came up there
at all to fix anything.
405
00:19:00,233 --> 00:19:02,500
{\an8}And the destruction of the property.
406
00:19:02,567 --> 00:19:05,000
{\an8}He started making up so many rules,
you know, to make it uncomfortable
407
00:19:05,066 --> 00:19:06,066
{\an8}for us to live there.
408
00:19:06,133 --> 00:19:08,400
{\an8}Well, it was, um, it's pretty quiet. No.
409
00:19:08,467 --> 00:19:10,266
{\an8}That man is crazy.
I'm glad it's over with.
410
00:19:12,467 --> 00:19:15,033
You know what I think is interesting,
Sarah, with these cases,
411
00:19:15,100 --> 00:19:16,200
we've had a lot of them.
412
00:19:16,266 --> 00:19:20,500
The forgiveness
that the government wanted to show
413
00:19:20,567 --> 00:19:24,734
to people who were having trouble
during Covid.
414
00:19:24,800 --> 00:19:27,934
You know, work related trouble,
didn't have the same income
415
00:19:28,000 --> 00:19:31,266
and didn't wanna have a whole bunch
of dispossessed homeless people.
416
00:19:31,333 --> 00:19:33,033
- It came from a good place.
- Mm-hmm.
417
00:19:33,100 --> 00:19:38,200
As did some of the monies
that were sent out by the government
418
00:19:38,266 --> 00:19:42,100
to sort of help people
over a difficult time
419
00:19:42,166 --> 00:19:43,400
during the height of Covid.
420
00:19:43,467 --> 00:19:48,033
But then there are other people
who suffer as a result of that.
421
00:19:48,100 --> 00:19:52,367
Like a landlord who buys a property,
a duplex property.
422
00:19:52,433 --> 00:19:58,300
Part of it is in for income
so that they can pay off mortgage taxes,
423
00:19:58,367 --> 00:20:01,500
lawn service, whatever you have to pay
on a house.
424
00:20:01,567 --> 00:20:07,100
And then the defendants
who really had no changed circumstances
425
00:20:07,166 --> 00:20:09,800
that they indicated to me,
he was working,
426
00:20:09,867 --> 00:20:12,533
she was getting whatever she gets
from disability,
427
00:20:12,600 --> 00:20:14,033
which is not insubstantial.
428
00:20:14,100 --> 00:20:17,333
I don't know if they get any other
assistance for any of their other children
429
00:20:17,400 --> 00:20:20,700
but certainly they moved into a place
that's more expensive now
430
00:20:20,767 --> 00:20:23,533
That's not far away.
They just decided not to pay rent.
431
00:20:24,367 --> 00:20:29,433
And I don't think that that is the spirit
of what the...
432
00:20:29,500 --> 00:20:33,934
either the federal government
or the states who enacted it
433
00:20:34,000 --> 00:20:39,333
meant to happen because the plaintiff
owner of this property has rights too.
434
00:20:39,400 --> 00:20:42,567
- Yeah.
- You've taken away a right of his.
435
00:20:42,633 --> 00:20:45,066
I agree to an extent,
436
00:20:45,133 --> 00:20:47,967
but I also think that
that's more a problem
437
00:20:48,033 --> 00:20:51,834
on the government's implementation
of the moratorium in the first place.
438
00:20:51,900 --> 00:20:53,934
That's what ended up hurting the landlord.
439
00:20:54,000 --> 00:20:58,734
These people were simply taking advantage
of a legal loophole
440
00:20:58,800 --> 00:21:00,467
that was created for them.
441
00:21:00,533 --> 00:21:02,500
He was in the restaurant business,
which as we know
442
00:21:02,567 --> 00:21:04,633
was one of the toughest hit by Covid.
443
00:21:04,700 --> 00:21:06,100
- Right.
- She was on a fixed income
444
00:21:06,166 --> 00:21:09,533
that wouldn't be enough to cover...
well, barely enough to cover the rent
445
00:21:09,600 --> 00:21:11,934
on its own.
And then they have to support themselves,
446
00:21:12,000 --> 00:21:13,467
feed themselves.
They have two children.
447
00:21:13,533 --> 00:21:15,934
- Mm-hmm.
- So I'm sympathetic towards
448
00:21:16,000 --> 00:21:18,400
the taking advantage of a legal loophole.
449
00:21:18,467 --> 00:21:21,467
So I don't know if I was in your position,
I might have decided differently.
450
00:21:21,533 --> 00:21:24,367
- Okay.
- But that's okay. Agree to disagree.
451
00:21:24,433 --> 00:21:27,033
- That sometimes happens.
- Yeah.
452
00:21:29,233 --> 00:21:32,834
{\an8}Have you been cheated?
Go to JudyJustice.tv.