1 00:00:00,300 --> 00:00:03,300 {\an8}They owe you for rent and for property damage? 2 00:00:03,367 --> 00:00:05,033 - That's correct. - You took the carpet off? 3 00:00:05,100 --> 00:00:06,900 And I showed 'em a section of the carpet. 4 00:00:06,967 --> 00:00:09,367 We were walking, our socks would be black. Our feet would be black. 5 00:00:10,734 --> 00:00:12,467 Our toilet got stopped up. 6 00:00:12,533 --> 00:00:15,166 I would go with a plunger, it won't even go down. 7 00:00:15,233 --> 00:00:17,100 - And it never got fixed. - Really? 8 00:00:17,700 --> 00:00:19,934 This is Judy Justice. 9 00:00:37,033 --> 00:00:40,266 {\an8}Isaac Yuno is suing his former tenants, 10 00:00:40,333 --> 00:00:42,734 {\an8}Anvey Kelly and Kevin Jackson, 11 00:00:42,800 --> 00:00:45,166 {\an8}for unpaid rent and property damage. 12 00:00:46,266 --> 00:00:49,000 Court come to order. All rise. 13 00:00:49,066 --> 00:00:50,133 Have a seat, please. 14 00:00:50,200 --> 00:00:51,400 - Hello, Judge. - Hello. 15 00:00:51,467 --> 00:00:54,233 Case number 2116. Yuno versus Kelly Jackson. 16 00:00:54,300 --> 00:00:55,400 - Thank you. - You're welcome. 17 00:00:55,467 --> 00:01:00,667 Mr. Yuno, you purchased a duplex home, two different apartments? 18 00:01:00,734 --> 00:01:03,734 - That's correct. - In what month and year did you purchase 19 00:01:03,800 --> 00:01:06,467 - the home? - November of 2020. 20 00:01:06,533 --> 00:01:09,567 And when you purchased it, one of the duplexes was occupied 21 00:01:09,667 --> 00:01:10,667 by the defendants? 22 00:01:10,734 --> 00:01:11,734 That's correct. 23 00:01:11,800 --> 00:01:13,967 It is your claim that they owe you for rent? 24 00:01:14,033 --> 00:01:16,200 {\an8}- Yes. - And for property damage? 25 00:01:16,266 --> 00:01:18,066 {\an8}- That's correct. - They are no longer there? 26 00:01:18,133 --> 00:01:19,734 {\an8}- No. - Mr. Jackson? 27 00:01:19,800 --> 00:01:22,500 - Yes. - How long were you and your wife living 28 00:01:22,567 --> 00:01:26,133 in the duplex before November of 2020? 29 00:01:26,200 --> 00:01:29,700 We moved in June of 2019. 30 00:01:29,767 --> 00:01:34,934 And at the time, do you recall who your landlord was in June of 2019? 31 00:01:35,000 --> 00:01:38,533 - Yes. - Between June of 2019, 32 00:01:38,600 --> 00:01:42,633 when you first moved in, and November of 2020, 33 00:01:42,700 --> 00:01:48,266 when the plaintiff bought the property, was there any work done on that property? 34 00:01:48,333 --> 00:01:49,500 - Not at all. - Any... 35 00:01:49,567 --> 00:01:51,300 - No maintenance? - No maintenance. 36 00:01:51,367 --> 00:01:56,300 Okay. So, from the time you moved in, the prior owner did no maintenance 37 00:01:56,367 --> 00:01:58,433 on that property? Did no painting? 38 00:01:58,500 --> 00:02:01,333 Oh, uh, just the minor stuff before we moved in. 39 00:02:01,400 --> 00:02:04,433 They just painted and just had everything looking nice the floors... 40 00:02:04,500 --> 00:02:08,567 So just a second. So the prior owner painted the premises... 41 00:02:08,633 --> 00:02:10,567 - Mm-hmm. - ...and did the floors? 42 00:02:10,633 --> 00:02:13,767 Yes, it was carpet and... and some flooring in the kitchen. 43 00:02:13,834 --> 00:02:17,367 And Mr. Yuno did not do any other painting 44 00:02:17,433 --> 00:02:20,600 or flooring or any cosmetic work 45 00:02:20,667 --> 00:02:24,500 on the duplex when he purchased it in November of 2020? 46 00:02:24,567 --> 00:02:26,800 - No. - So whatever was there 47 00:02:26,867 --> 00:02:30,100 by the previous owner of the property is still there? 48 00:02:30,166 --> 00:02:32,133 - Yes. - I'm just asking you this 49 00:02:32,200 --> 00:02:34,967 because your counterclaim is for child endangerment, 50 00:02:35,033 --> 00:02:37,734 and the child endangerment is because of lead paint. 51 00:02:37,800 --> 00:02:39,500 - That's what you write here. - Yes. 52 00:02:39,567 --> 00:02:41,934 He didn't put in the lead paint, right? 53 00:02:42,000 --> 00:02:43,333 - Yes. Thinking about that. Yes. - He didn't paint it. 54 00:02:43,400 --> 00:02:47,000 You don't know when it was painted? Maybe it was painted by the prior owner. 55 00:02:47,066 --> 00:02:50,967 {\an8}How do you know? By the way, do you have medical records of the child 56 00:02:51,033 --> 00:02:53,533 {\an8}that you claim has lead poisoning? 57 00:02:53,600 --> 00:02:55,867 - Yes. - I'd like to see them. 58 00:02:59,300 --> 00:03:01,233 May I see them? 59 00:03:07,934 --> 00:03:09,767 I have no idea what this says. 60 00:03:09,834 --> 00:03:12,533 That's the, the piece of paper that he gave me from the hospital. 61 00:03:12,600 --> 00:03:14,667 - Well, I...I don't understand. - You asked for his blood work. 62 00:03:14,734 --> 00:03:16,633 I'm not a doctor so I can't... 63 00:03:16,700 --> 00:03:19,200 We have something from the health department also stating 64 00:03:19,266 --> 00:03:22,300 that because my son has lead... lead was found in his system, 65 00:03:22,400 --> 00:03:23,600 they got involved. 66 00:03:23,667 --> 00:03:26,867 I understand that. He did not paint the apartment? 67 00:03:26,934 --> 00:03:29,200 - No ma'am. - When you, just for my own curiosity, 68 00:03:29,266 --> 00:03:32,967 when you bought this place, do you remember the purchase of it? 69 00:03:33,033 --> 00:03:37,467 And when you purchase a property, usually there's an inspection. 70 00:03:37,533 --> 00:03:39,333 - Yes. - And one of the questions 71 00:03:39,400 --> 00:03:41,333 usually has to do with lead paint. 72 00:03:41,400 --> 00:03:44,500 Do you remember any of that from when you purchased the property? 73 00:03:44,567 --> 00:03:48,166 I didn't receive any notification of lead paint from inspectors. 74 00:03:48,233 --> 00:03:50,900 Well, usually they sign off that there is no lead paint. 75 00:03:50,967 --> 00:03:52,000 {\an8}I don't remember seeing 76 00:03:52,066 --> 00:03:53,834 {\an8}'cause they never mentioned anything about it. 77 00:03:53,900 --> 00:03:55,133 {\an8}Nothing about lead paint? 78 00:03:55,200 --> 00:03:56,200 - No. - Okay. 79 00:03:56,266 --> 00:03:59,100 Did you ever have the home tested by the way, for lead? 80 00:03:59,166 --> 00:04:02,500 Only when... when we found out about my son having lead. 81 00:04:02,567 --> 00:04:05,600 Okay. And do you have the test result? 82 00:04:07,033 --> 00:04:09,934 And there was lead found in two places, not just the bathtub. 83 00:04:10,000 --> 00:04:13,300 Ms. Kelly, the issue was he didn't do any of that painting. 84 00:04:13,367 --> 00:04:15,000 - Right. - He bought the place. 85 00:04:15,066 --> 00:04:18,667 You had been living there for a year and a half before he bought the place. 86 00:04:18,734 --> 00:04:19,800 - Right. - Right? 87 00:04:19,867 --> 00:04:22,233 - Yes. - Okay, and your son was born 88 00:04:22,300 --> 00:04:23,667 within that year and a half? 89 00:04:23,734 --> 00:04:25,700 Well, we moved there he was six months. 90 00:04:25,767 --> 00:04:27,967 He was six months old. So you lived there for a year and a half 91 00:04:28,033 --> 00:04:29,467 even before he purchased it? 92 00:04:29,533 --> 00:04:30,734 - Yes ma'am. - Okay. 93 00:04:30,800 --> 00:04:33,266 We did buy the things to fix the bathroom up, 94 00:04:33,333 --> 00:04:35,834 and he told us to take them back . To fix the tub and everything 95 00:04:35,900 --> 00:04:37,000 'cause we asked him to fix it. 96 00:04:37,066 --> 00:04:41,066 So the things we had like to get the tub fixed, the flooring and everything, 97 00:04:41,133 --> 00:04:42,133 he told us to take back. 98 00:04:42,200 --> 00:04:43,934 How many people were living in the duplex? 99 00:04:44,000 --> 00:04:45,633 - Our...in our apartment? - In your apartment. 100 00:04:45,734 --> 00:04:46,734 - Four. - Four. 101 00:04:46,800 --> 00:04:48,633 - Four? Including the baby? - Mm-hmm. 102 00:04:48,700 --> 00:04:49,900 - Yes Ma'am. - Including the baby. 103 00:04:49,967 --> 00:04:52,967 {\an8}- And how old's the other child? - Uh, she's 14. 104 00:04:53,033 --> 00:04:54,567 Okay. Do you have that report? 105 00:04:54,633 --> 00:04:57,533 No, this is just stating where it was at. 106 00:04:57,600 --> 00:05:00,100 - The health department? - Yes. I thought that piece of paper 107 00:05:00,166 --> 00:05:01,734 - that I gave you was that one. - No. 108 00:05:01,800 --> 00:05:03,033 - This is just... - This doesn't say... 109 00:05:03,100 --> 00:05:05,667 ...this is just showing where the lead was found in the house. 110 00:05:05,734 --> 00:05:07,500 How old is this duplex? 111 00:05:07,567 --> 00:05:12,300 {\an8}It was built in 1906. So, almost 115 years or so. 112 00:05:12,367 --> 00:05:15,066 {\an8}Yeah. And they certainly used lead paint then. 113 00:05:15,133 --> 00:05:17,100 Possibly. Yeah. I'm not sure about it. 114 00:05:17,166 --> 00:05:19,700 - Not sure. - I don't understand about it. 115 00:05:19,767 --> 00:05:22,066 Ms. Kelly, Mr. Jackson, that's not his fault. 116 00:05:22,133 --> 00:05:23,867 - Mm-hmm. - Not his fault. 117 00:05:23,934 --> 00:05:28,066 So now I would like to know Mr. Yuno is suing you for rent. 118 00:05:28,133 --> 00:05:30,834 And I'd like to know first, how much rent were you paying? 119 00:05:30,900 --> 00:05:32,066 Seven fifty. 120 00:05:32,133 --> 00:05:34,166 And that's what you were paying under the old lease? 121 00:05:34,233 --> 00:05:35,934 - Yes. - And were you current on your rent 122 00:05:36,000 --> 00:05:38,433 when Mr. Yuno took over the property? 123 00:05:38,500 --> 00:05:40,734 - Yes. - In November of 2020? 124 00:05:40,800 --> 00:05:42,300 - Yes. - So far, correct? 125 00:05:42,367 --> 00:05:43,367 That's accurate. 126 00:05:43,433 --> 00:05:45,400 When did you stop paying rent? 127 00:05:45,467 --> 00:05:47,667 December of 2021. 128 00:05:47,734 --> 00:05:50,233 - So you paid rent for a year? - Yes ma'am. 129 00:05:50,300 --> 00:05:52,200 Were you working Mr. Jackson? 130 00:05:52,266 --> 00:05:54,600 Uh, yes. When I first moved in, yes, I was working two jobs. 131 00:05:54,667 --> 00:05:59,900 And were you working from November of 2020 to December of 2021? 132 00:05:59,967 --> 00:06:02,266 - Yes, I was. It was... I was. - For whom? 133 00:06:02,333 --> 00:06:04,467 Um, I was working for TGI Friday's. 134 00:06:04,533 --> 00:06:06,533 And Ms. Kelly, were you working? 135 00:06:06,600 --> 00:06:07,600 No Ma'am. I'm disabled. 136 00:06:07,667 --> 00:06:10,066 And how much were you receiving in pay? 137 00:06:10,133 --> 00:06:11,633 I was only getting... 138 00:06:12,767 --> 00:06:14,133 If you have to think about it, you don't remember. 139 00:06:14,200 --> 00:06:16,533 Yeah, I wasn't getting too much 'cause it was during Covid 140 00:06:16,600 --> 00:06:19,133 and I was working at a restaurant and I was only allowed to work three days 141 00:06:19,233 --> 00:06:20,233 out of the week. 142 00:06:20,300 --> 00:06:23,400 Okay. And what happened in December of 2021? 143 00:06:23,467 --> 00:06:26,500 {\an8}What happened was he already sent us a letter previously saying 144 00:06:26,567 --> 00:06:28,667 {\an8}that he wanted to go up on the rent to, uh... 145 00:06:28,734 --> 00:06:32,066 Okay. So you had no lease anymore and he wanted to raise the rent? 146 00:06:32,133 --> 00:06:34,233 - Mm-hmm. - Okay. 147 00:06:36,333 --> 00:06:37,333 I believe you. 148 00:06:37,400 --> 00:06:42,200 And that was the reason that you used to try to evict them before? 149 00:06:42,266 --> 00:06:45,266 Yes, that was the first one, but I don't agree with his statement. 150 00:06:45,333 --> 00:06:47,433 Well, what statement don't you agree with? 151 00:06:58,633 --> 00:07:01,600 {\an8}Isaac Yuno claims his former tenants, 152 00:07:01,667 --> 00:07:03,800 {\an8}Anvey Kelly and Kevin Jackson, 153 00:07:03,867 --> 00:07:06,867 {\an8}owe for unpaid rent and property damage. 154 00:07:06,934 --> 00:07:09,767 Anvey and Kevin are countersuing for child endangerment, 155 00:07:09,834 --> 00:07:11,867 and a constructive eviction. 156 00:07:11,934 --> 00:07:13,700 In what month was that? 157 00:07:13,767 --> 00:07:16,600 - Uh, he sent it to us. I want to say... - Do you remember Mr. Yuno? 158 00:07:16,667 --> 00:07:18,967 It was 90 days before the 1st of December. 159 00:07:19,033 --> 00:07:23,166 So that would've been, I think, September 31st or October 31st. 160 00:07:23,233 --> 00:07:25,500 That he was raising the rent to what? 161 00:07:25,567 --> 00:07:27,166 To a $1,000 a month. 162 00:07:27,233 --> 00:07:28,667 Effective December? 163 00:07:28,734 --> 00:07:31,100 - Yes, December 1st. - And what happened in December? 164 00:07:31,166 --> 00:07:34,867 We were at that time looking for a new apartment and by that time 165 00:07:34,934 --> 00:07:38,100 it was higher because around that time a lot of the rent was going up 166 00:07:38,166 --> 00:07:43,400 from just being like $800, $900 to $1,200 to $1,400 for rent, 167 00:07:43,467 --> 00:07:44,700 you know, for a month there. 168 00:07:44,767 --> 00:07:45,800 - Um... - Don't speak. 169 00:07:45,867 --> 00:07:48,533 {\an8}- Okay. - And that was, you know what, why, 170 00:07:48,600 --> 00:07:50,633 {\an8}why we stopped paying rent because we were actually looking 171 00:07:50,700 --> 00:07:53,500 {\an8}for a house even when he gave me the 90 days. 172 00:07:53,567 --> 00:07:57,667 Okay, so Mr. Jackson, based upon what you just told me, 173 00:07:57,734 --> 00:08:00,133 sir... stop shaking your head, stop, just... 174 00:08:00,934 --> 00:08:04,200 based upon what you told me, your landlord 175 00:08:04,266 --> 00:08:06,867 gave you 90 days notice that if you wished to stay on, 176 00:08:06,934 --> 00:08:09,567 he was raising your rent to $1,000 a month. 177 00:08:09,633 --> 00:08:11,934 - Yes. - And you started to look around 178 00:08:12,000 --> 00:08:14,033 - for a new place? - Yes. 179 00:08:14,100 --> 00:08:16,800 And the new places were very expensive. 180 00:08:16,867 --> 00:08:19,700 - Yes. - And you didn't find a place? 181 00:08:19,767 --> 00:08:22,433 - No. - So you decided to stay in this place? 182 00:08:22,500 --> 00:08:23,500 No, uh... 183 00:08:23,567 --> 00:08:26,467 - So what did you do? - Yeah, well... yeah, we... 184 00:08:26,533 --> 00:08:29,667 So if you didn't find a place in December... 185 00:08:29,734 --> 00:08:31,600 It was trying to stay there until we found a place. 186 00:08:31,667 --> 00:08:33,767 I assumed they paid rent in September? 187 00:08:33,834 --> 00:08:34,834 - Yes. - Oh, yes, yes. 188 00:08:34,900 --> 00:08:36,100 - In October? - Yes. 189 00:08:36,166 --> 00:08:37,734 - Yes. - They paid rent in October? 190 00:08:37,834 --> 00:08:38,900 - Yes. - Good. 191 00:08:38,967 --> 00:08:40,300 And November? 192 00:08:40,367 --> 00:08:42,767 Um, November was the last month that they paid. 193 00:08:42,834 --> 00:08:44,667 - So they paid in November? - Yes. 194 00:08:44,734 --> 00:08:47,967 So you stopped paying rent in December of 2021? 195 00:08:48,033 --> 00:08:49,066 Yes. 196 00:08:49,133 --> 00:08:50,934 - Do... don't... - Can I say... what? Oh. 197 00:08:51,000 --> 00:08:52,967 - No, you cannot. - Okay. 198 00:08:53,033 --> 00:08:55,867 - If I need you I'll come to you. - Okay. Yes, ma'am. 199 00:08:55,934 --> 00:08:57,400 - Okay? - Okay. 200 00:08:57,467 --> 00:08:59,367 Because so far he's doing fine. 201 00:08:59,433 --> 00:09:03,200 You stopped paying rent in December of 2021. 202 00:09:03,266 --> 00:09:04,300 Tell me why. 203 00:09:04,367 --> 00:09:07,867 We didn't wanna live there ourselves anymore either 204 00:09:07,934 --> 00:09:11,667 but it was just a lot of things going on at...at the...at the house. 205 00:09:11,734 --> 00:09:14,767 Like after my father passed away and he first gave us 206 00:09:14,834 --> 00:09:18,300 the first eviction notice, because he gave us more, more than one. 207 00:09:18,367 --> 00:09:19,700 - Just a second. - Okay. I'm sorry. 208 00:09:19,767 --> 00:09:22,734 - We're, we are skipping over. - Okay. 209 00:09:22,800 --> 00:09:27,300 He didn't give you an eviction notice, I assume, until you stop paying rent. 210 00:09:27,367 --> 00:09:30,367 {\an8}No, uh, before December, he gave us like, three of them I think. 211 00:09:30,433 --> 00:09:31,700 {\an8}I want... I wanna say three. 212 00:09:31,767 --> 00:09:32,967 {\an8}- Really? - Yes. 213 00:09:33,033 --> 00:09:35,166 Why were you trying to evict them before? 214 00:09:35,233 --> 00:09:37,333 They had torn up the carpet upstairs. 215 00:09:37,400 --> 00:09:40,033 It was a moratorium for evictions, but there was a stipulation 216 00:09:40,100 --> 00:09:42,700 that emergency evictions for nuisance tenants 217 00:09:42,767 --> 00:09:44,533 could be granted before then. 218 00:09:44,600 --> 00:09:46,900 Is there any reason why you took up the carpets? 219 00:09:46,967 --> 00:09:50,834 Yes. The, uh, same thing before he took over the... 220 00:09:50,900 --> 00:09:52,600 everything was in the house before that. 221 00:09:52,667 --> 00:09:54,900 And...and we complained to the previous owner that the carpet 222 00:09:54,967 --> 00:09:57,333 was already dirty. They said that they were gonna come 223 00:09:57,400 --> 00:09:59,900 and shampoo it, but, but never did. Like we were walking, 224 00:09:59,967 --> 00:10:01,967 our socks would be black, our feet would be black, you know, 225 00:10:02,033 --> 00:10:04,500 so we wanted to take the carpet up. It was...it was dirty to us. 226 00:10:04,567 --> 00:10:07,633 And, uh, I myself actually told him about it. 227 00:10:07,700 --> 00:10:10,900 I went downstairs to his apartment 'cause he lived downstairs from us, 228 00:10:10,967 --> 00:10:13,066 talked to him about it. He came upstairs and I showed him 229 00:10:13,133 --> 00:10:16,333 a section of the carpet that wasn't even connected to the floor. 230 00:10:16,400 --> 00:10:20,300 You can lift up the whole carpet and across a whole section of the wall. 231 00:10:20,367 --> 00:10:24,333 And then when I did that, he seen that the hardwood looked at kind of decent 232 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.