1 00:00:00,233 --> 00:00:02,800 They drove over the front yard, and they broke a water line. 2 00:00:03,767 --> 00:00:06,300 -[Judge Levy] Did you see them drive over? -I would be guessing. 3 00:00:06,367 --> 00:00:08,533 [Judge Levy] And they damaged this pool? 4 00:00:08,600 --> 00:00:10,967 [Shawn] It looks like somebody had put a metal chair. 5 00:00:11,033 --> 00:00:12,934 -I wasn't there. -So you're guessing again. 6 00:00:13,000 --> 00:00:16,467 And you know what does not win a suit for you in a courtroom? 7 00:00:16,533 --> 00:00:17,600 Guessing. 8 00:00:17,667 --> 00:00:20,233 [announcer] Today on Tribunal Justice... 9 00:00:42,066 --> 00:00:45,066 This case was filed in San Diego, California. 10 00:00:45,133 --> 00:00:48,200 Your Honor, this is case number 1114 on the calendar 11 00:00:48,266 --> 00:00:51,567 in the matter of S. and E. Votel versus Harris. 12 00:00:51,633 --> 00:00:54,066 Parties have been sworn in. You may be seated. 13 00:00:54,133 --> 00:00:55,333 [Judge DiMango] Thank you, Byrd. 14 00:00:55,400 --> 00:00:57,100 All right, ladies, you're sisters. 15 00:00:57,166 --> 00:00:59,934 And, sir, you are the landlord in this matter. 16 00:01:00,066 --> 00:01:01,734 You rented his place. 17 00:01:01,800 --> 00:01:05,500 And in July, he asked you to move out by August 1st. 18 00:01:05,567 --> 00:01:07,133 And he offered you a buy-out agreement 19 00:01:07,200 --> 00:01:10,000 because, apparently, sir, for a time you were living in Mexico, 20 00:01:10,066 --> 00:01:11,133 and then, when you came back, 21 00:01:11,200 --> 00:01:13,166 you wanted to move back into your own home. 22 00:01:13,233 --> 00:01:16,133 That's correct, Your Honor. I had a, um, house I was gonna purchase 23 00:01:16,200 --> 00:01:17,900 and it fell through. The seller cancelled. 24 00:01:17,967 --> 00:01:20,500 And so, I had to find alternate living arrangements. 25 00:01:20,567 --> 00:01:23,300 [Judge DiMango] Okay. So now, you're breaching the lease, basically. 26 00:01:23,367 --> 00:01:26,367 So we'll move, but you gotta pay us six months' rent 27 00:01:26,433 --> 00:01:28,367 so that we can move and find a place. 28 00:01:28,433 --> 00:01:30,433 And we want our security deposit back. 29 00:01:30,500 --> 00:01:31,800 -Correct, yes. -He says no, no. 30 00:01:31,867 --> 00:01:33,433 I'm not gonna give you that kind of money. 31 00:01:33,500 --> 00:01:36,166 How about we do four months and the security deposit? 32 00:01:36,233 --> 00:01:39,033 And you both reject that offer at the time. 33 00:01:39,100 --> 00:01:43,667 And so here you are suing for $6,978, 34 00:01:43,734 --> 00:01:47,934 which you say are the moneys that it cost you to move yourselves. 35 00:01:48,000 --> 00:01:51,834 And you want back the $2,939 36 00:01:51,900 --> 00:01:54,567 that he withheld from your security deposit. 37 00:01:54,633 --> 00:02:00,467 So, the total money you're seeking from the defendant is $9,917. 38 00:02:00,533 --> 00:02:01,533 -Correct. -Yes. 39 00:02:01,600 --> 00:02:03,033 What you say, sir, 40 00:02:03,100 --> 00:02:05,266 is that they were going to move out in July. 41 00:02:05,333 --> 00:02:06,967 When you returned from Mexico, 42 00:02:07,033 --> 00:02:11,200 you say that you gave them a check for $11,200. 43 00:02:11,266 --> 00:02:14,033 In August, you discovered that there were damages, 44 00:02:14,100 --> 00:02:16,266 that there were much more damages than you thought. 45 00:02:16,333 --> 00:02:18,100 You say you don't really owe them anything. 46 00:02:18,166 --> 00:02:20,166 In fact, you're counterclaiming them 47 00:02:20,233 --> 00:02:24,567 for repairs to the air conditioning unit in the amount of $8,300, 48 00:02:24,633 --> 00:02:28,166 for the broken irrigation system, for the trash cleanup, etcetera, 49 00:02:28,233 --> 00:02:32,033 in the amount of $10,000, which is the court maximum. 50 00:02:32,100 --> 00:02:33,300 -Yes, Your Honor. -Now... 51 00:02:33,367 --> 00:02:36,500 Why did you need all of this money to move? 52 00:02:36,567 --> 00:02:40,433 So, originally, um, we had paid him rent for the month of July, 53 00:02:40,500 --> 00:02:41,934 a total of $2,800. 54 00:02:42,000 --> 00:02:44,367 On July 1st, he asked us to move. 55 00:02:44,433 --> 00:02:48,033 We never disagreed with his terms of the four months. 56 00:02:48,100 --> 00:02:50,100 We were negotiating back and forth. 57 00:02:50,700 --> 00:02:54,466 Which he went back on his agreement several times over that week. 58 00:02:54,533 --> 00:02:57,066 On short notice we were able to find a house 59 00:02:57,133 --> 00:02:59,200 and accommodate him and his family. 60 00:02:59,266 --> 00:03:02,333 The four months that he was originally offering us, 61 00:03:02,400 --> 00:03:03,800 the four months and the full security deposit, 62 00:03:04,166 --> 00:03:07,266 was intended to be from October 1st. 63 00:03:07,333 --> 00:03:10,367 And we were able to find accommodations sooner, 64 00:03:10,433 --> 00:03:12,700 so we had requested additional funds. 65 00:03:12,767 --> 00:03:15,734 He had claimed that he was only obligated 66 00:03:15,800 --> 00:03:17,800 to pay half of the remaining amount's rent. 67 00:03:17,867 --> 00:03:18,867 Which would've been four months... 68 00:03:18,934 --> 00:03:21,066 When he said he was gonna pay you originally, 69 00:03:21,133 --> 00:03:23,900 he said he was gonna give you something like $11,700. 70 00:03:23,966 --> 00:03:25,433 $11,200. 71 00:03:25,500 --> 00:03:27,367 And you found a place, you moved. 72 00:03:27,433 --> 00:03:31,000 And you had $11,000 to do it. I don't understand what your problem is. 73 00:03:31,066 --> 00:03:33,333 You just wanted him to just keep paying you? 74 00:03:33,400 --> 00:03:36,100 No, it was a great inconvenience to us. 75 00:03:36,166 --> 00:03:37,966 [Judge DiMango] It's always an inconvenience to move. 76 00:03:38,033 --> 00:03:40,934 The housing market was not in our favor at that time. 77 00:03:41,000 --> 00:03:44,567 We found a house that cost $1,200 more a month. 78 00:03:44,633 --> 00:03:45,867 On a moment's notice, 79 00:03:45,934 --> 00:03:48,567 we were able to move in within that next week. 80 00:03:48,633 --> 00:03:50,934 He refused to prorate us any rent for that month. 81 00:03:51,000 --> 00:03:52,567 As well as the additional cost of, 82 00:03:52,633 --> 00:03:55,466 we had to pay the rent and deposit at our new place, 83 00:03:55,533 --> 00:03:56,800 had already paid him money. 84 00:03:56,867 --> 00:03:58,867 All those things you have to do if you had to move. 85 00:03:58,934 --> 00:04:00,633 Correct, but we did not get any of the money 86 00:04:00,700 --> 00:04:03,133 until after we had already done... 87 00:04:03,200 --> 00:04:04,200 As per the agreement. 88 00:04:04,266 --> 00:04:05,600 Bottom line is, you had a two-year lease. 89 00:04:05,667 --> 00:04:08,100 At the end of two years, he didn't have to let you stay. 90 00:04:08,166 --> 00:04:09,600 You would've had to move. 91 00:04:09,667 --> 00:04:12,166 You would've had to incur similar expenses here. 92 00:04:12,233 --> 00:04:14,300 They have six months left on the lease. 93 00:04:14,367 --> 00:04:16,966 You offered to give them four months' rent 94 00:04:17,033 --> 00:04:20,033 and let them keep their security deposit, but for major issues. 95 00:04:20,100 --> 00:04:21,100 Major issues. 96 00:04:21,166 --> 00:04:23,467 But that you can't keep for wear and tear anyway. 97 00:04:23,533 --> 00:04:24,667 -Correct. -So now, 98 00:04:24,734 --> 00:04:27,934 he's saying to you, look, I recognize that this is a hardship for you. 99 00:04:28,000 --> 00:04:31,667 And so because of that, I'm willing to give you 11,000-plus. 100 00:04:31,734 --> 00:04:33,867 And you say, We want more. 101 00:04:33,933 --> 00:04:37,332 The $11,200 barely covered 102 00:04:37,400 --> 00:04:39,567 the entire expenses for the month of July. 103 00:04:39,633 --> 00:04:43,433 Having to pay rent on two different locations in that month, 104 00:04:43,500 --> 00:04:45,734 as well as a security deposit, 105 00:04:45,800 --> 00:04:47,533 and that set us back financially. 106 00:04:47,600 --> 00:04:48,700 You moved out, what date? 107 00:04:48,767 --> 00:04:52,033 We stayed on property until July 31st 108 00:04:52,100 --> 00:04:55,166 because of a refusal of pro-rating the rent. 109 00:04:55,233 --> 00:04:57,533 So, what date did you find the property? 110 00:04:57,600 --> 00:05:01,333 [Sarah] July 6th was when we got the initial, um, breakdown 111 00:05:01,400 --> 00:05:03,667 of what our-- our expenses were gonna be. 112 00:05:03,734 --> 00:05:06,800 But we wanted to secure our future 113 00:05:06,867 --> 00:05:10,200 and make sure that we got this property that we were looking into. 114 00:05:10,266 --> 00:05:13,100 -That we were forced into. -How much notice did you give them? 115 00:05:13,166 --> 00:05:15,967 I gave them the option to move out. 116 00:05:16,033 --> 00:05:18,200 On Friday is when all the conversation happened, 117 00:05:18,266 --> 00:05:19,600 this was Fourth of July weekend, 118 00:05:19,667 --> 00:05:22,567 and I gave them the option which they never agreed to. 119 00:05:22,633 --> 00:05:24,700 And the next Tuesday, I went back to them 120 00:05:24,767 --> 00:05:27,000 and said, hey, I have already found new living arrangements. 121 00:05:27,066 --> 00:05:29,700 They didn't get back to me. I said don't worry about it. 122 00:05:29,767 --> 00:05:31,567 Stay in the house, keep your two-year lease. 123 00:05:31,633 --> 00:05:34,567 Four times I said stay in the house, keep your lease, 124 00:05:34,633 --> 00:05:36,500 I have other arrangements. 125 00:05:36,567 --> 00:05:39,633 They told me that they had already written a new security deposit check 126 00:05:39,700 --> 00:05:41,367 on July 5th, 127 00:05:41,433 --> 00:05:42,767 which they just contradicted. 128 00:05:42,834 --> 00:05:44,300 -So it's... -I'm not sure... 129 00:05:44,367 --> 00:05:46,367 They wanted their cake and eat it too. 130 00:05:46,433 --> 00:05:48,300 They found a better place that they liked. 131 00:05:48,367 --> 00:05:51,066 They got a check for $11,000, which they wouldn't have 132 00:05:51,133 --> 00:05:53,300 if they would have stayed until the end of their lease. 133 00:05:53,367 --> 00:05:55,834 The problem is that if you had the option to remain 134 00:05:55,900 --> 00:05:57,667 and you chose to leave earlier, 135 00:05:57,734 --> 00:05:59,100 then there's no reason 136 00:05:59,166 --> 00:06:02,967 why he should continue to reimburse you moneys 137 00:06:03,033 --> 00:06:05,066 when it was a choice that you made. 138 00:06:05,133 --> 00:06:07,867 And you were still getting $11,200 for it. 139 00:06:07,934 --> 00:06:10,033 [dramatic music plays] 140 00:06:10,100 --> 00:06:12,133 [announcer] Coming up on Tribunal Justice... 141 00:06:12,200 --> 00:06:14,900 There was an inch of dog hair on the air filter when I removed it. 142 00:06:14,967 --> 00:06:15,967 -Wow! -Yeah. 143 00:06:16,033 --> 00:06:17,266 -An inch of dog hair. -Yes, sir. 144 00:06:17,332 --> 00:06:18,332 Show me a photo. 145 00:06:18,400 --> 00:06:19,600 Don't have one, I'm sorry. 146 00:06:19,667 --> 00:06:22,467 Ho! Whoa, real-- 147 00:06:22,533 --> 00:06:23,767 I have repair bills. 148 00:06:23,834 --> 00:06:25,667 I pay very close attention when people talk, 149 00:06:25,734 --> 00:06:28,066 especially people who are talking sideways. 150 00:06:28,133 --> 00:06:30,834 You used the phrase "inch of dog hair," 151 00:06:30,900 --> 00:06:33,266 yet you don't bring a single photograph? 152 00:06:33,332 --> 00:06:34,900 [dramatic music plays] 153 00:06:38,033 --> 00:06:39,633 [dramatic music plays] 154 00:06:39,700 --> 00:06:41,967 [announcer] Sarah and Emily Votel 155 00:06:42,033 --> 00:06:45,400 are suing their former landlord, Shawn Harris, 156 00:06:45,467 --> 00:06:49,367 for a security deposit and money for a new place. 157 00:06:49,433 --> 00:06:52,332 Shawn claims he paid them money to move out 158 00:06:52,400 --> 00:06:55,467 and is countersuing for the cost of an air conditioning unit. 159 00:06:55,533 --> 00:06:58,867 I have an agreement here that I believe was signed by all of you. 160 00:06:58,933 --> 00:07:00,100 Is this correct? You signed this? 161 00:07:00,467 --> 00:07:03,033 And it's the agreement to terminate. 162 00:07:03,100 --> 00:07:05,100 The lease will terminate on August 1st. 163 00:07:05,166 --> 00:07:07,433 -You agreed to that. -Right. I would like to say 164 00:07:07,500 --> 00:07:09,800 that on July 1st was when he originally asked us 165 00:07:09,867 --> 00:07:13,166 if we would like to leave and buy out our lease on August 1st. 166 00:07:13,233 --> 00:07:15,533 I let him know that we would have to discuss it. 167 00:07:15,600 --> 00:07:16,967 [Judge DiMango] Well, then, you took the time. 168 00:07:17,033 --> 00:07:19,500 I told him that I would have to discuss it with Emily, 169 00:07:19,567 --> 00:07:21,533 who was working at the time, and I let him know... 170 00:07:21,600 --> 00:07:23,500 What you really were doing, you were saying, 171 00:07:23,567 --> 00:07:25,400 Hold on, let me see if I can find a place. 172 00:07:25,467 --> 00:07:27,867 If I can find a place, then I'll tell you I wanna leave. 173 00:07:27,934 --> 00:07:29,800 If I can't find a place, then I'll tell you we're gonna stay. 174 00:07:29,867 --> 00:07:30,900 That's what you did. 175 00:07:30,967 --> 00:07:33,166 So, let me just go through with the agreement you signed. 176 00:07:33,233 --> 00:07:34,933 You're gonna leave August 1st. 177 00:07:35,000 --> 00:07:38,367 Then the landlord is gonna pay you four months of rent, 178 00:07:38,433 --> 00:07:41,332 totaling $11,200. 179 00:07:41,400 --> 00:07:44,700 And that fee will be paid when you vacate on August 1st. 180 00:07:44,767 --> 00:07:47,332 And now, you're suing them in a counterclaim 181 00:07:47,400 --> 00:07:51,633 because you say that they did cut off the irrigation system in your yard. 182 00:07:51,700 --> 00:07:55,467 Do we have pictures of the dead plants and all in the yard, which I had seen? 183 00:07:55,700 --> 00:07:57,433 You didn't water them. They were dead. 184 00:07:57,500 --> 00:07:59,233 And your responsibility, according to the lease, 185 00:07:59,300 --> 00:08:00,934 was for you to take care of the yard 186 00:08:01,000 --> 00:08:03,066 -and the lawn and the plants. -They were on a self-timer. 187 00:08:03,133 --> 00:08:04,600 We never shut off any timer. 188 00:08:04,667 --> 00:08:06,233 -That has a self-timer? -Yes. 189 00:08:06,300 --> 00:08:08,433 -The plants? -They had a self-timer that was shut off. 190 00:08:08,500 --> 00:08:09,800 I actually paid the water 191 00:08:09,867 --> 00:08:12,133 because I have a lot of trees and everything, 192 00:08:12,200 --> 00:08:13,567 so during the time they were my tenants, 193 00:08:13,633 --> 00:08:15,633 they never paid the water bill. That was on me 194 00:08:15,700 --> 00:08:17,332 'cause I knew I wanted to keep my plants. 195 00:08:17,400 --> 00:08:19,433 It does say in the lease that he would come to the property 196 00:08:19,500 --> 00:08:22,800 once a month to maintain the landscaping and... 197 00:08:22,867 --> 00:08:24,567 Let me stop you 'cause I'm not a California person, 198 00:08:24,633 --> 00:08:26,633 but I do know that California was in a drought. 199 00:08:26,700 --> 00:08:30,433 And so, therefore, to run the water 200 00:08:30,500 --> 00:08:32,633 on an irrigation system for plants like that, 201 00:08:32,700 --> 00:08:34,799 I don't know if I wanna hold somebody responsible... 202 00:08:34,866 --> 00:08:38,567 These plants were watered once a week for five minutes on a drip system. 203 00:08:38,767 --> 00:08:41,700 Well, that's not for me to decide. I got it. They're dead. 204 00:08:41,767 --> 00:08:45,867 The last thing is, on here, that you're asking for, sir, 205 00:08:45,934 --> 00:08:47,633 was the air conditioner. 206 00:08:47,700 --> 00:08:51,033 [Shawn] So they had a large dog and a cat, 207 00:08:51,233 --> 00:08:52,467 and not once in 18 months 208 00:08:52,533 --> 00:08:54,367 did they clean the air filter on my air conditioning. 209 00:08:54,433 --> 00:08:55,967 As per our lease, 210 00:08:56,033 --> 00:08:58,066 it's their responsibility to maintain the appliances. 211 00:08:58,133 --> 00:09:01,066 So when I showed up to do the walk-through... 212 00:09:01,133 --> 00:09:02,767 But they said you didn't walk through with them, sir. 213 00:09:02,834 --> 00:09:06,934 Because the problem I have is if you decline the walk-through with them, 214 00:09:07,000 --> 00:09:08,533 even if they were wrong, 215 00:09:08,600 --> 00:09:11,200 I don't know if you would be entitled to any money for that. 216 00:09:11,266 --> 00:09:14,467 They... I offered them a walk-through ten days before moving out, 217 00:09:14,533 --> 00:09:15,800 which they in writing declined. 218 00:09:15,867 --> 00:09:17,633 -[Judge DiMango] Where is that? -I have a... 219 00:09:17,700 --> 00:09:20,000 Ladies, am I gonna find that you declined it? 220 00:09:20,066 --> 00:09:21,900 I had actually requested the walk-through 221 00:09:21,967 --> 00:09:27,100 ten days prior, with pro-rated rent, which he refused, 222 00:09:27,166 --> 00:09:29,834 and he said we won't do the walk-through that day. 223 00:09:29,900 --> 00:09:31,600 "There's no need to do a walk-through on Wednesday. 224 00:09:31,667 --> 00:09:34,300 We remain tenants until August 1st. 225 00:09:34,367 --> 00:09:36,667 Therefore you can get into the garage as usual, 226 00:09:36,734 --> 00:09:39,266 but the interior of the house is still ours. 227 00:09:39,333 --> 00:09:41,033 We will be out regardless, 228 00:09:41,100 --> 00:09:43,533 but the walk-through can wait until the 1st. 229 00:09:43,600 --> 00:09:45,800 Utilities will still be shut off on our end, 230 00:09:45,867 --> 00:09:47,700 and we'd like some of the money early 231 00:09:47,767 --> 00:09:49,867 -for our inconvenience." -Yes. 232 00:09:49,934 --> 00:09:51,500 So, ladies, 233 00:09:51,567 --> 00:09:54,600 you know, the expression you cut off your nose to spite your face? 234 00:09:54,700 --> 00:09:55,667 Sure. 235 00:09:55,734 --> 00:09:56,734 You declined everything. 236 00:09:56,800 --> 00:09:59,165 You were staying, you weren't doing this, you were gonna keep it, 237 00:09:59,233 --> 00:10:00,767 you want more money for that... 238 00:10:01,834 --> 00:10:03,567 -Judge Levy? -Thank you. 239 00:10:03,633 --> 00:10:06,066 -You said that the air conditioning... -[Shawn] Yes, sir. 240 00:10:06,133 --> 00:10:08,533 ...that the filter wasn't changed in 18 months, 241 00:10:08,600 --> 00:10:11,133 and that it's the tenants' responsibility for that upkeep. 242 00:10:11,200 --> 00:10:12,200 Yes, sir. 243 00:10:12,266 --> 00:10:13,467 Show me in the lease where it says that. 244 00:10:13,533 --> 00:10:14,533 Can you give me just a moment, sir? 245 00:10:14,600 --> 00:10:16,633 I'll give you as much time as you want. It's not there. 246 00:10:16,700 --> 00:10:18,500 'Cause according to your analysis 247 00:10:18,567 --> 00:10:21,767 they would be responsible for charging it, if it's low on Freon. 248 00:10:21,834 --> 00:10:25,433 They'd be responsible for doing other types of maintenance 249 00:10:25,500 --> 00:10:27,934 that HVAC people are responsible for. 250 00:10:28,000 --> 00:10:30,934 I don't have a copy. Is there a copy of the lease in here? 251 00:10:31,000 --> 00:10:32,000 [Judge Levy] It's your case. 252 00:10:32,066 --> 00:10:34,367 I don't present evidence to you, you present evidence to me. 253 00:10:34,433 --> 00:10:38,800 The fact is that the lease, which I do have in its entirety 254 00:10:38,867 --> 00:10:40,600 doesn't say what you claim it says. 255 00:10:40,667 --> 00:10:43,165 When did you purchase the home? 256 00:10:43,233 --> 00:10:46,133 Uh, I believe that was 2014, sir. 257 00:10:46,200 --> 00:10:49,500 Between 2014 and 2022, 258 00:10:49,567 --> 00:10:53,467 did you ever replace the condenser unit and the air handler? 259 00:10:53,533 --> 00:10:54,533 No, sir. 260 00:10:54,600 --> 00:10:58,667 Did you bring service records with you from an HVAC company 261 00:10:58,734 --> 00:11:02,967 suggesting that you, prior to the plaintiffs taking over the lease, 262 00:11:03,033 --> 00:11:05,066 maintained the unit? 263 00:11:05,133 --> 00:11:07,166 -No, sir, I did not. -Did you do that? 264 00:11:07,233 --> 00:11:09,767 I replaced the air conditioner filter every year. 265 00:11:09,834 --> 00:11:12,166 And about every two years, I'd have them come out 266 00:11:12,233 --> 00:11:14,033 to tune up the, uh, the AC. 267 00:11:14,100 --> 00:11:15,500 -Tune up the AC? -Yes, sir. 268 00:11:15,567 --> 00:11:18,166 So are you suggesting that it's the plaintiffs' responsibility 269 00:11:18,233 --> 00:11:20,934 to tune up the AC also, along with changing out the filters? 270 00:11:21,000 --> 00:11:22,400 -No, sir. -No. 271 00:11:22,467 --> 00:11:26,967 What type of a unit was it that was in the home since 2014 272 00:11:27,033 --> 00:11:30,000 that you're looking for the plaintiffs to now replace 273 00:11:30,066 --> 00:11:32,000 to the tune of $8,000? 274 00:11:32,066 --> 00:11:35,066 [Shawn] It was a Carrier air conditioning unit, three and a half tons. 275 00:11:35,133 --> 00:11:38,233 And you have to upgrade to a new unit, which is what you really wanted, 276 00:11:38,300 --> 00:11:40,967 but you just want them to pay for it. That's not gonna happen. 277 00:11:41,033 --> 00:11:42,165 They didn't change the filter. 278 00:11:42,233 --> 00:11:45,133 There was an inch of dog hair on the air filter when I removed it. 279 00:11:45,200 --> 00:11:47,165 Wow. An inch of dog hair? 280 00:11:47,233 --> 00:11:48,500 -Yes, sir. -Show me a photo. 281 00:11:48,567 --> 00:11:50,100 I don't have one, I'm sorry. 282 00:11:50,165 --> 00:11:52,600 Ho! Whoa, real-- 283 00:11:52,667 --> 00:11:53,900 I have repair bills. 284 00:11:53,967 --> 00:11:54,967 Just so you and I are clear, 285 00:11:55,033 --> 00:11:56,834 I-I pay very close attention when people talk, 286 00:11:56,900 --> 00:11:59,433 especially people who are talking sideways. 287 00:11:59,500 --> 00:12:02,500 You used the phrase "inch of dog hair," 288 00:12:02,567 --> 00:12:04,533 yet you don't bring a single photograph 289 00:12:04,600 --> 00:12:06,467 so that we could see this inch of dog hair? 290 00:12:06,533 --> 00:12:09,333 -No. -You want them to pay $8,300. 291 00:12:09,400 --> 00:12:11,800 And since you don't have an HVAC person, 292 00:12:11,867 --> 00:12:13,867 that means that you would have to look at it yourself 293 00:12:13,934 --> 00:12:16,300 and make a determination yourself, which you can't do 294 00:12:16,367 --> 00:12:17,900 'cause you don't know anything about them. 295 00:12:17,967 --> 00:12:20,367 I had a professional come out and give me a quote 296 00:12:20,433 --> 00:12:21,500 and tell me what was wrong with it. 297 00:12:21,567 --> 00:12:23,500 So when you should bring something to court 298 00:12:23,567 --> 00:12:25,000 that you don't bring to court, 299 00:12:25,066 --> 00:12:28,400 there's an adverse inference that I am going to take now 300 00:12:28,467 --> 00:12:30,867 at your failure to present that evidence to me. 301 00:12:30,934 --> 00:12:32,433 That, had you presented it, 302 00:12:32,500 --> 00:12:33,633 you showed me a photograph, 303 00:12:33,700 --> 00:12:36,867 it would've been inconsistent with what you're telling me right now. 304 00:12:36,934 --> 00:12:40,867 How much money do you want them to pay for your dead lawn and your dead plants? 305 00:12:40,934 --> 00:12:41,934 Five hundred. 306 00:12:42,000 --> 00:12:43,165 -$500? -Yes, sir. 307 00:12:43,233 --> 00:12:46,033 Okay. Those plants, the landscaping, that was important to you? 308 00:12:46,100 --> 00:12:47,834 It was important enough to set up the irrigation 309 00:12:47,900 --> 00:12:51,233 and pay for the water while I was gone, so, yes, they were important. 310 00:12:51,300 --> 00:12:53,900 No sentimental value, but they're my backyard. 311 00:12:53,967 --> 00:12:55,300 -It's my home. -Great. 312 00:12:55,367 --> 00:12:56,800 Now, we could agree 313 00:12:56,867 --> 00:12:59,433 that the issue of who was going to be responsible 314 00:12:59,500 --> 00:13:02,367 for the maintenance of the landscaping 315 00:13:02,433 --> 00:13:04,700 was, in fact, memorialized in the lease. 316 00:13:04,767 --> 00:13:06,900 -It was. -And this one, I am gonna show to you. 317 00:13:06,967 --> 00:13:11,266 "Landlord shall water the garden, landscaping, trees and shrubs." 318 00:13:11,333 --> 00:13:13,567 [Emily] I actually did hire a landscaping company 319 00:13:13,633 --> 00:13:16,100 -to do what he failed to do. -[Judge Levy laughs] 320 00:13:16,166 --> 00:13:18,500 But he never gave us direction on what specifically was sentimental 321 00:13:18,567 --> 00:13:19,734 -to him... -I got that. 322 00:13:19,800 --> 00:13:22,266 There goes your landscaping issue. I wanna talk about this pool. 323 00:13:22,333 --> 00:13:25,000 You moved in in 2014. Was the pool there? 324 00:13:25,066 --> 00:13:27,633 It's an old pool. I don't know when it was installed. 325 00:13:27,700 --> 00:13:30,467 I know it was replastered about 15 years ago. 326 00:13:30,533 --> 00:13:32,567 And you submit an estimate here 327 00:13:32,633 --> 00:13:34,400 that you expect them to pay 328 00:13:34,467 --> 00:13:37,900 $13,594.85 329 00:13:37,967 --> 00:13:41,700 to give you a brand-new pool. 330 00:13:41,767 --> 00:13:43,800 [announcer] Coming up on Tribunal Justice... 331 00:13:43,867 --> 00:13:47,333 You're not here suing over the security deposit alone. 332 00:13:47,400 --> 00:13:50,700 As for coming to this court and seeking to undo this agreement 333 00:13:50,767 --> 00:13:53,266 and renegotiate by litigation, 334 00:13:53,333 --> 00:13:55,266 I find it offensive. 335 00:13:55,333 --> 00:13:56,934 [dramatic music plays] 336 00:14:00,133 --> 00:14:03,367 [dramatic music plays] 337 00:14:04,433 --> 00:14:08,633 You submit an estimate here that you expect them to pay 338 00:14:08,767 --> 00:14:13,500 $13,594.85 to give you a brand-new pool. 339 00:14:13,567 --> 00:14:15,500 [Shawn] Just the repair of the steps there. 340 00:14:15,567 --> 00:14:17,433 I had them do me two quotes 341 00:14:17,500 --> 00:14:19,467 just to repair the steps that they had damaged... 342 00:14:19,533 --> 00:14:22,667 So, in other words you were gonna pay 99% of this, 343 00:14:22,734 --> 00:14:24,633 but you only wanted them to contribute a little something. 344 00:14:24,700 --> 00:14:26,700 I wanted to fix what they broke, yes, sir. 345 00:14:26,767 --> 00:14:28,000 -What they broke? -Yes, sir. 346 00:14:28,133 --> 00:14:31,400 You are claiming that this area right there 347 00:14:32,100 --> 00:14:33,467 is what they damaged. 348 00:14:33,533 --> 00:14:35,367 [Shawn] There, and there's two or three other spots there, 349 00:14:35,433 --> 00:14:36,500 smaller, but, yes, sir. 350 00:14:36,567 --> 00:14:38,967 [Judge Levy] Over here, you got another one. 351 00:14:39,033 --> 00:14:40,767 Here's another one over here. 352 00:14:40,834 --> 00:14:44,100 You tell me, to a reasonable degree of certainty, 353 00:14:44,165 --> 00:14:45,600 what caused that damage? 354 00:14:45,667 --> 00:14:47,667 I didn't live in the property. I have no idea. 355 00:14:47,734 --> 00:14:49,400 It looks like somebody had put a metal chair. 356 00:14:49,467 --> 00:14:52,667 -I wasn't there, so I can't speak to that. -That's exactly right. 357 00:14:52,734 --> 00:14:55,165 You have no idea. You would just be guessing. 358 00:14:55,233 --> 00:14:56,233 I would be guessing, yes, sir. 359 00:14:56,300 --> 00:14:59,467 Right. And you know what does not win a suit for you in a courtroom? 360 00:14:59,533 --> 00:15:00,667 Guessing. 361 00:15:00,734 --> 00:15:03,934 He has absolutely no intention of giving you back your security. 362 00:15:04,000 --> 00:15:05,400 He's gonna give you that check, 363 00:15:05,467 --> 00:15:08,066 and he's gonna force you to file a claim against him, 364 00:15:08,166 --> 00:15:09,667 standing where you are to try to get back the rest, 365 00:15:09,734 --> 00:15:13,166 and present us with the ridiculousness of this nonsense. 366 00:15:13,233 --> 00:15:14,400 What is this? 367 00:15:14,500 --> 00:15:16,934 Somebody had driven over it while they occupied the property. 368 00:15:17,000 --> 00:15:19,867 They drove over the front yard, and they broke a water line. 369 00:15:19,934 --> 00:15:22,600 -Is this the water line right here? -Yes, sir. 370 00:15:22,667 --> 00:15:26,567 And it's your position that that was caused by someone driving over it? 371 00:15:26,633 --> 00:15:28,633 [Shawn] If you look at the first picture, there's tire tracks. 372 00:15:28,700 --> 00:15:30,333 I don't care whether there are tire tracks or not. 373 00:15:30,400 --> 00:15:33,767 Yes, it's my position that tire tracks indicate that somebody drove over it. 374 00:15:33,834 --> 00:15:36,165 Yeah, that is absolutely correct. I will give you that. 375 00:15:36,233 --> 00:15:39,500 Tire tracks suggest and prove that someone drove over that. 376 00:15:39,567 --> 00:15:42,266 -Did you see them drive over? -No, sir. 377 00:15:42,333 --> 00:15:44,834 So you're guessing again. I don't like what you did to them. 378 00:15:44,900 --> 00:15:45,900 I got nothing further. 379 00:15:45,967 --> 00:15:49,033 [Judge Acker] Can we put the lease break back up on the screen? 380 00:15:49,100 --> 00:15:50,934 'Cause I don't like what you did to him. 381 00:15:51,000 --> 00:15:54,467 Let's look at the third paragraph. 382 00:15:54,567 --> 00:15:57,734 Because what I note, and what I find a little bit offensive, 383 00:15:57,800 --> 00:16:00,400 is that you were trying to renegotiate a deal 384 00:16:00,467 --> 00:16:02,633 that you had every opportunity to negotiate 385 00:16:02,700 --> 00:16:04,467 and for which you got the benefit. 386 00:16:04,533 --> 00:16:08,734 I would like you to read the third paragraph, 387 00:16:08,800 --> 00:16:12,367 which starts, "Landlord shall pay to tenants a break lease fee..." 388 00:16:12,433 --> 00:16:15,333 [Sarah] "Landlord shall provide a reimbursement of security deposit..." 389 00:16:15,400 --> 00:16:19,300 [Judge Acker] No, no. "Landlord shall pay to tenants a break..." That sentence. 390 00:16:19,367 --> 00:16:22,867 [Sarah] "...break lease fee equal to four months of rent, totaling $11,200. 391 00:16:22,934 --> 00:16:25,467 Fee will be paid when the tenants vacate on August 1st." 392 00:16:25,533 --> 00:16:28,000 [Judge Acker] So, I would like you to explain to me 393 00:16:28,066 --> 00:16:29,667 what part of that agreement 394 00:16:29,734 --> 00:16:32,734 entitles you to an additional 395 00:16:32,800 --> 00:16:35,934 $6,978 in rent. What part of it? 396 00:16:36,000 --> 00:16:38,734 -No part of the... -No part of the agreement. 397 00:16:38,800 --> 00:16:41,266 But you've decided that after you signed this agreement, 398 00:16:41,333 --> 00:16:43,165 you didn't like it. You wanted more money. 399 00:16:43,233 --> 00:16:45,233 That's not how it works. 400 00:16:45,300 --> 00:16:48,467 And, frankly, sir, if I were up here by myself, 401 00:16:48,533 --> 00:16:50,400 I would sanction them for doing that. 402 00:16:50,467 --> 00:16:53,133 The whole reason he paid you $11,000 403 00:16:53,200 --> 00:16:55,367 is because he knew he wanted to go home. 404 00:16:55,433 --> 00:16:56,433 He paid for that. 405 00:16:56,500 --> 00:16:58,066 We had no issue with the $11,000. 406 00:16:58,133 --> 00:17:00,500 No, you just want more, which is why you're here. 407 00:17:00,567 --> 00:17:02,767 It was the issue of withholding the security deposit. 408 00:17:02,834 --> 00:17:04,500 Not exactly. Because you're not just here 409 00:17:04,567 --> 00:17:06,900 suing him for withholding the security deposit. 410 00:17:06,967 --> 00:17:10,467 As for coming to this court and seeking to undo this agreement 411 00:17:10,532 --> 00:17:12,532 and renegotiate by litigation, 412 00:17:12,599 --> 00:17:14,266 I find it offensive. 413 00:17:14,800 --> 00:17:19,066 So this attempt to try to extract more after you did the deal, 414 00:17:19,133 --> 00:17:21,900 I think is absolutely and manifestly wrong. 415 00:17:22,599 --> 00:17:24,300 I don't think I have anything further. Thank you. 416 00:17:24,367 --> 00:17:26,233 [Judge Levy] I have one thing. Let me ask you this. 417 00:17:26,300 --> 00:17:29,233 Are you willing right now, before we go in to deliberate, 418 00:17:29,300 --> 00:17:33,734 to withdraw your request for $6,978 for that new place, 419 00:17:33,800 --> 00:17:36,000 and just look to get back your security deposit? 420 00:17:36,066 --> 00:17:37,200 -[both] Yes. -Thank you. 421 00:17:37,266 --> 00:17:38,300 It's withdrawn. 422 00:17:38,367 --> 00:17:40,233 We're gonna retire to deliberate. Thank you all. 423 00:17:40,300 --> 00:17:41,467 [Judge Levy] I appreciate that. 424 00:17:41,533 --> 00:17:44,300 [Byrd] Court now stands in recess. Parties are excused. 425 00:17:47,367 --> 00:17:50,600 They actually made themselves look better by withdrawing their request 426 00:17:50,667 --> 00:17:53,367 for that $6,900 for moving fees. 427 00:17:53,433 --> 00:17:55,166 So the only issue we have here is 428 00:17:55,233 --> 00:17:58,233 did he wrongfully withhold any or all of the security deposit. 429 00:17:58,300 --> 00:17:59,867 The lease specifically says 430 00:17:59,934 --> 00:18:03,567 that even though they would be responsible for watering the plants and all, 431 00:18:03,633 --> 00:18:07,233 that any municipality water issues would supersede that. 432 00:18:07,300 --> 00:18:11,834 So, to me, that would obviate their need to take care of the plants. 433 00:18:11,900 --> 00:18:14,433 I'm not gonna hold them responsible for any of that. 434 00:18:14,500 --> 00:18:15,633 Damage to the pool, you know, 435 00:18:15,700 --> 00:18:18,734 it's hard to say whether or not that's not normal wear and tear 436 00:18:18,800 --> 00:18:21,166 because it is the top step and you do have friction, 437 00:18:21,233 --> 00:18:24,700 so I don't think that I'd be willing to give them anything for the pool. 438 00:18:24,767 --> 00:18:25,934 The air conditioning unit, 439 00:18:26,000 --> 00:18:28,166 there is a provision in the lease that says 440 00:18:28,233 --> 00:18:32,000 that they must carefully use and maintain different things, 441 00:18:32,066 --> 00:18:35,200 but I'm not gonna make these people pay for an entire air conditioning unit 442 00:18:35,266 --> 00:18:37,000 that's probably been there at least five years. 443 00:18:37,066 --> 00:18:38,367 -Since 2014. -Right. 444 00:18:38,433 --> 00:18:41,400 It would be my inclination to dismiss this countersuit. 445 00:18:41,467 --> 00:18:45,667 And it would also be my inclination to probably dismiss the complaint as well. 446 00:18:45,734 --> 00:18:47,100 [Judge Levy] Dismiss the complaint? 447 00:18:47,166 --> 00:18:49,133 -He improperly withheld... -[Judge Acker] The security deposit. 448 00:18:49,200 --> 00:18:50,200 ...withheld security deposit. 449 00:18:50,266 --> 00:18:54,200 And there is absolutely no doubt in my mind, 450 00:18:54,266 --> 00:18:55,934 looking at those two plaintiffs, 451 00:18:56,000 --> 00:18:59,400 that the only reason they added that ridiculous moving fees 452 00:18:59,467 --> 00:19:03,166 is because he refused to reimburse them for the security. 453 00:19:03,233 --> 00:19:05,100 I don't think there was any bad faith on their part. 454 00:19:05,166 --> 00:19:07,734 And their willingness to withdraw that now... 455 00:19:07,800 --> 00:19:11,400 It changes my willingness to spend some time back here 456 00:19:11,467 --> 00:19:13,100 trying to convince you to dismiss the rest of it 457 00:19:13,166 --> 00:19:14,734 -for the bad faith claim. -Oh, no... 458 00:19:14,800 --> 00:19:16,000 So, it actually matters. 459 00:19:16,066 --> 00:19:17,500 I'm glad that they dismissed it. 460 00:19:17,567 --> 00:19:18,834 -[Judge DiMango] Well, I said that. -Yeah, yeah. 461 00:19:18,900 --> 00:19:21,066 [Judge DiMango] So the money that they get that he withheld, 462 00:19:21,133 --> 00:19:23,800 the $2,900, you wanna return it all? 463 00:19:23,867 --> 00:19:25,867 -Every penny of it. -[Judge Acker] Uh, to your point, 464 00:19:25,934 --> 00:19:30,166 I am not holding anybody liable in California for a brown lawn 465 00:19:30,233 --> 00:19:31,633 during this drought period. 466 00:19:31,700 --> 00:19:34,734 I think that pool was old, it's normal wear and tear. 467 00:19:34,800 --> 00:19:36,900 He's completely lost me on the air conditioning. 468 00:19:36,967 --> 00:19:38,667 So I think that's their whole deposit. 469 00:19:38,734 --> 00:19:41,834 [Judge DiMango] So then, they would be entitled to the return of the 2,939. 470 00:19:41,900 --> 00:19:43,533 -I agree. -Me too. 471 00:19:43,600 --> 00:19:45,367 -Excellent. -[Judge Acker laughs] 472 00:19:48,667 --> 00:19:49,800 Court is back in session. 473 00:19:49,867 --> 00:19:51,633 Parties are reminded you're still under oath. 474 00:19:51,700 --> 00:19:52,834 Thank you, Byrd. 475 00:19:52,900 --> 00:19:55,367 Well, we're unanimous on both the main complaint 476 00:19:55,433 --> 00:19:56,500 and on the counterclaim. 477 00:19:56,567 --> 00:19:58,066 Beginning with the counterclaim, sir, 478 00:19:58,133 --> 00:20:02,467 we found that you were really overreaching with regard to your request for $8,300 479 00:20:02,533 --> 00:20:06,867 for an air conditioning unit that's been there at least five years. 480 00:20:06,934 --> 00:20:10,033 As does your request for the full security deposit. 481 00:20:10,100 --> 00:20:12,000 So your counterclaim is dismissed. 482 00:20:12,066 --> 00:20:15,967 Ladies, we are very appreciative of the fact that you withdrew your request 483 00:20:16,033 --> 00:20:20,467 for your moving damages, exceeding $6,900. 484 00:20:20,533 --> 00:20:24,233 Personally, for me, I felt like you knew which way we were going anyway, 485 00:20:24,300 --> 00:20:26,867 so it did really look good to help yourselves. 486 00:20:26,934 --> 00:20:29,500 And, in fact, it was the right thing to do. 487 00:20:29,567 --> 00:20:33,400 With regard to your request for the return of the security deposit that he withheld, 488 00:20:33,467 --> 00:20:36,367 we could not find anything in this record 489 00:20:36,433 --> 00:20:38,900 that would have been chargeable to you. 490 00:20:38,967 --> 00:20:41,367 Therefore you are entitled to recover the balance 491 00:20:41,433 --> 00:20:44,934 that was withheld, $2,919. 492 00:20:45,000 --> 00:20:46,700 That's the unanimous verdict of the court. 493 00:20:46,767 --> 00:20:47,900 Thank you, Your Honor. 494 00:20:47,967 --> 00:20:51,500 [Byrd] This is case is concluded. Parties are excused. You may step out. 495 00:20:55,900 --> 00:20:58,533 It's a little disappointing, you know, based on their logic we wouldn't, 496 00:20:58,600 --> 00:21:00,967 nobody would ever be able to withhold a security deposit. 497 00:21:01,033 --> 00:21:02,867 It was fair when we agreed on it. 498 00:21:02,934 --> 00:21:06,367 It wasn't fair of everything that we had to pay after the fact. 499 00:21:06,433 --> 00:21:08,066 I needed to get back to my house, 500 00:21:08,133 --> 00:21:10,500 so I was willing to write a big check to get them out. 501 00:21:10,567 --> 00:21:13,266 Unfortunately, they decided to sue me. 502 00:21:13,333 --> 00:21:15,700 -Happy we're out of there. -Just have it behind us. 503 00:21:16,433 --> 00:21:18,567 [announcer] Have you been falsely accused? 504 00:21:18,633 --> 00:21:21,834 Let Tribunal Justice decide your case. 505 00:21:21,900 --> 00:21:24,667 Find us on social media at Tribunal Justice.