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You show up to your home

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and you find other people living there.

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-Correct.
-She said she was gonna be out.

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I'd already paid for the month.

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Once you cash her check,
then it is her home.

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[narrator] Today on Tribunal Justice…

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[theme music playing]

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[narrator]
This case was filed in Barron, Wisconsin.

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Your Honor, this is case number 1057
on account

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in the matter of Catron versus Wheeler.

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Parties have been sworn in,
you may be seated.

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-[Judge Acker] Thank you, Byrd.
-[Byrd] Mm-hmm.

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Ms. Catron, you rented a home
from the defendant for about four years.

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And then you got a new job
and you needed to end your lease early.

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So you are suing for $8,550.

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Mr. Wheeler, you say you have been
renting properties for a number of years.

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Some tenants are good,
some tenants are not.

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And the plaintiff, according to you,

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was simply a non-stop litany of problems.

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Yes, Your Honor.

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Ms. Catron, you listed
a number of problems with the tenancy.

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You say you signed many leases.

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And there were some leases
that he didn't give you.

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Tell me what's the relevance
of your not having earlier leases.

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They never gave me a lease
all the way across the board.

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-And with Wisconsin law…
-[Judge Acker] How can that… Wait.

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I'm not trying to give you short shrift,

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but there's only one lease
that was in effect.

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Correct.

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-And we have that lease.
-Yes.

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-And you have that lease.
-Yes.

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And according to that lease,

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you moved out, what,
six months before the lease terminated.

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I moved out
and started my new job on August 16th.

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So that lease started when and ended when?

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Started on June 1st.

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-Of what year?
-Of 2020.

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-And it ended…
-2021, sorry.

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And it was to go until June 1st, 2022?

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2022, correct.

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[Judge Acker] Mr. Wheeler,
you were apparently fine with that

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because you had a new tenant coming in
at some point, correct?

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Correct, Your Honor.

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Now, according to you, Ms. Catron,

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another problem
with this defendant is that

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he charged you, what you describe
as a non-refundable pet deposit.

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It was written as a pet deposit
in all of the leases that I signed,

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-six years' worth.
-How is written in the current lease?

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In the current lease, as a pet deposit.

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In the current lease is it described
as a pet deposit or as pet rent?

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[Blaine] In the next line below that
it says non-refundable pet deposit.

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[Judge Acker] But I saw
it was referred to as a pet deposit,

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but it seems as if
you want to describe it now as pet rent.

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You were moving out in August
because of the new job.

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And, according to your complaint,

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the defendant said
that you had to pay September.

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Even though he had new tenants,
but you had to pay September

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because those tenants
weren't going to be able to move in

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-until after September, correct?
-Correct.

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So you paid September rent?

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I did, including a late fee

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because I didn't have
my check book with me.

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And then this completely bizarre
situation happens

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where you show up to your home,

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that you've paid for
for the month of September,

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and you find your property
out on the street,

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-and other people living there.
-Correct.

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Tell us what happened.

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I got there at two o'clock in the morning

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and I walk in
and the refrigerators are gone.

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Every window's open,
all the lights are on.

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I didn't know who was in the house,
so I did call the police.

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The police officer walked around with me.

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After that, on September 6th,

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we had spent the weekend
cleaning the house,

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getting it deodorized, things like that.

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We were just about to leave,

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and as we're leaving, we see a car pull up
in front of the house.

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And three people
start walking up to the front porch.

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We were like, "Can we help you?"

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"Well, we're the new tenants.
He gave us a key.

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We brought our paint chips

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and the kids wanna pick out what color
they're gonna do the bedroom."

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So let me stop you right there.

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Mr. Wheeler.

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According to this plaintiff,
she paid for September.

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You told her that the new people
were not going to be there

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until after September.

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-No…
-And then when she went to her home,

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there are new people there,
running around,

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trying to compare paint chips.

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When did your new tenants arrive?

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Okay, let me start…

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In August, she said
she was gonna be out by September.

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So then we hustled around
and found new renters

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to move in September 1st.

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But wait, that's a little different, sir,
from what you said in your answer.

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Because in your answer
you said that she actually didn't leave

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-until October 1st.
-She didn't.

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-We had…
-So she was still there?

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Yeah, so we had to find places
for the other renters, and--

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So, when did you actually move out?

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We had all of our stuff out by the 16th.

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On the 29th
I met with the defendant's wife.

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We went to the house,
she brought a cleaning lady friend.

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The cleaner said, "I can get this done
by the 1st of September.

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I could've hired somebody to do it."

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The plaintiff says, "No,

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I don't have tenants
to move in on September 1st.

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You have to pay September 1st's rent."

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You don't dispute
that she paid September's rent, do you?

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-No.
-Let me just ask you this.

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Do you dispute
that your new tenants were there

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during the month of September

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with access to the property
and had they been given a key?

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Yes, they'd been given a key.

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Why would you give your new tenants a key

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and let them come in September?

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If she paid September rent,

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then she's got use of the premises
for that month.

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It's still her home.

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I don't believe she had paid
for the September…

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I just asked you if she did.

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She did, but after she realized
that she wasn't going to be able to get…

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Okay, but did you take her money
for September rent?

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Yes.

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So then that means
it was her home for September.

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You cannot give keys to a new tenant

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when you're still collecting money
from the last one.

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That's not how it works.

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We've got much more to get into,
but I'm gonna give my colleagues

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a dig at this. Judge DiMango?

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[DiMango] Okay.

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I'm confused. So let me start by…

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When did you actually pay
September's rent? What date?

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The date I paid was on September 4th

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-and I included…
-[DiMango] Okay.

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So you paid after you had the discussion

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as to whether or not
you were gonna stay in September?

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-Correct.
-By the time

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she paid that rent
you already had an agreement

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with the new tenant
that she could move in.

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'Cause you assumed
that she was following through

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with her original statement to you,

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which is, "I will be out in September."

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-You're correct.
-Is that correct?

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-Is that correct?
-No.

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When did you tell him,
"I'm staying," in September?

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-When I didn't have a choice…
-You didn't.

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You didn't.

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-I never said…
-That's the point.

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[narrator] Coming up on Tribunal Justice…

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You provided a police report today.
What was the relevance of that?

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[Angela] Because they were going
in the house without notifying me

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and then all of a sudden my lawn mower
and my weed eater went missing.

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[Judge Levy] You know,
my concern is that

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that wasn't even a suspicion
that you made to the police department.

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And if you did,
they didn't put it in their report.

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[narrator] Angela Catron is suing
her landlord, Blaine Wheeler,

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for a security and pet deposit.

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Blaine claims Angela's pets
caused more damage

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than the amount of her deposits.

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Let me clear this up in a way for you.

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You were responsible on this lease
until it ended.

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Which would've been June.

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He let you out.

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He mitigated the damages
that you would've owed.

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If he didn't find somebody to rent to,

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you would've been having to pay
September, October,

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until either you or he
mitigated those damages

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by finding a new tenant.

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And the bottom line is,
these people did not move in

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because you, ultimately he deferred
back to you to let you go back.

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-Would that be correct?
-[Blaine] That is correct.

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[Judge DiMango] Okay, that's number one.

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Number two,

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this thing you keep talking about
with the pet deposit.

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The pet deposit thing was very strange
in the Wisconsin law.

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I must've read it ten times
'cause I couldn't figure out.

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One, it is "legal"
to charge pet rent in Wisconsin.

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You kept saying to Judge Acker,

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and I think this is
what was getting confusing,

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it said $25 deposit,

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and you said but underneath it
it says "non-refundable".

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But did you fill out
that underneath portion?

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'Cause I don't see that on the lease.

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You didn't fill out
that is was non-refundable,

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-did you?
-No, we did not.

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You made that pet deposit,
let's call it a deposit, refundable.

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So that means that's treated
like every other security deposit.

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But there is a distinction
with the pet deposit.

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Because…

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And this is another wacky thing
that I couldn't…

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Carpet cleaning?

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They make a big thing
about carpet cleaning in Wisconsin.

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-Are carpets a big thing there?
-They do.

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Oh, my God, there was, like,
paragraphs on carpet cleaning.

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And I'm just gonna briefly get into it.

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Okay, so now,

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excess carpet damage can be deducted
from your security deposit.

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And you're claiming
you had to replace the whole carpet.

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Yes, Your Honor.

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So that would fall
within the security deposit.

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So whether we look at it as pet rent
or pet deposit,

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you are entitled to use that money
to replace the carpet

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and any damages that the pet caused.

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That's how I read all this. So, that's it.

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I wanna get into this…
non-refundable pet business,

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she doesn't have a current lease…

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I saw now reason
why you needed a current lease.

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It shouldn't say the same thing
as the upcoming lease.

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It should have a higher rent.
It should have different things.

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00:09:45,867 --> 00:09:47,533
It's done. That lease is gone.

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You signed a new lease, it supersedes.

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00:09:49,567 --> 00:09:52,233
So, what we're looking at here is damages.

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Did you do a walk-through with her?

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00:09:54,367 --> 00:09:56,500
No, she never did a walk-through.

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-Did you ask her to do a walk-through?
-Many times…

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Do you have proof that you asked her?

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In the text messages…

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00:10:02,166 --> 00:10:06,900
Mr. Wheeler, did you give her
an itemized list within 21 days?

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[Blaine] From what 21 days
do we start from?

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[Judge DiMango] October 1st.

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Uh, I believe her thing
was given on November 11th.

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That's a bit late.

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00:10:17,734 --> 00:10:19,200
You have 21 days.

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00:10:19,266 --> 00:10:23,066
Now, 21 days after she moves out

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or the end of the lease,
whichever is later for you,

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-is where the itemized list is required.
-Well...

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If you didn't do a walk-through with him
and he asked you to

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then it's hard for him
to follow through with that.

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And Wisconsin law does permit
double the security deposit

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00:10:37,734 --> 00:10:39,800
for your failure
to give an itemized list, sir.

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00:10:39,867 --> 00:10:40,767
Well…

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00:10:40,834 --> 00:10:43,367
Just direct me to those text messages
before I pass.

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[Blaine] Okay, uh…

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-Page 15…
-Is it on your evidence?

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-Yes, on my evidence. Page 15…
-Page 15.

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00:10:50,100 --> 00:10:54,667
…is the list that she gave us
that she would agree to

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00:10:54,734 --> 00:10:56,033
-for the damages.
-Yeah, I did see that.

241
00:10:56,100 --> 00:10:58,165
On September 29th, you give him a list.

242
00:10:58,233 --> 00:11:01,633
You say these are the things
I'm willing to give you money for.

243
00:11:01,700 --> 00:11:02,767
Did you not?

244
00:11:03,166 --> 00:11:06,233
It's directly related to the things
that he was charging me for

245
00:11:06,300 --> 00:11:08,033
-on the security deposit.
-Okay.

246
00:11:08,100 --> 00:11:09,734
-I'm gonna pass to Judge Levy.
-Okay.

247
00:11:09,800 --> 00:11:11,133
-Thank you.
-[Judge Levy] Thank you.

248
00:11:11,200 --> 00:11:13,533
Ms. Catron, you provided
a police report today?

249
00:11:13,600 --> 00:11:14,367
Correct.

250
00:11:14,433 --> 00:11:16,066
And what was the relevance of that?

251
00:11:16,133 --> 00:11:18,467
[Angela] Because
they were going in the house

252
00:11:18,533 --> 00:11:19,834
without notifying me.

253
00:11:19,900 --> 00:11:23,100
And then all of a sudden my lawn mower
and my weed eater went missing.

254
00:11:23,166 --> 00:11:25,367
Well, you know,
my concern is that, you know,

255
00:11:25,433 --> 00:11:27,233
you're trying to make that leap

256
00:11:27,300 --> 00:11:30,900
that somehow they or the tenants
were responsible for that.

257
00:11:30,967 --> 00:11:33,834
But you never even made mention of that
to the police department

258
00:11:33,900 --> 00:11:35,433
when they prepared that report.

259
00:11:35,500 --> 00:11:38,266
And if you did,
they didn't put it in their report.

260
00:11:38,333 --> 00:11:39,834
You would agree with that?

261
00:11:39,900 --> 00:11:43,100
I would, except for it became relevant

262
00:11:43,165 --> 00:11:46,467
and it was reported when I found out
the tenants had the new key.

263
00:11:46,533 --> 00:11:50,567
And I do have a voicemail message
from the police officer.

264
00:11:50,633 --> 00:11:52,800
He's the one that suggested it, not me.

265
00:11:52,867 --> 00:11:54,767
-Oh, he suggested…
-The police officer thought

266
00:11:54,834 --> 00:11:57,767
that's what went on,
but they couldn't prove it.

267
00:11:57,834 --> 00:12:00,700
Well, you know, it's easy
for the police department to say that.

268
00:12:00,767 --> 00:12:02,133
Let me explain what happens.

269
00:12:02,200 --> 00:12:04,400
Police departments don't wanna deal
with complainants

270
00:12:04,467 --> 00:12:05,734
if they can get rid of them.

271
00:12:05,800 --> 00:12:08,900
So what they say to you is,
this is what you should do

272
00:12:08,967 --> 00:12:10,900
and go tell the judges
in the small claims court

273
00:12:10,967 --> 00:12:12,600
-and have a nice day.
-Mm-hmm.

274
00:12:12,667 --> 00:12:14,667
-Is that pretty much what happened?
-Pretty much.

275
00:12:14,734 --> 00:12:16,133
Yeah, I… You see.

276
00:12:16,200 --> 00:12:18,133
-Not my first rodeo.
-Yeah, no.

277
00:12:18,200 --> 00:12:20,934
Um, here's the way I see it, Ms. Catron.

278
00:12:21,000 --> 00:12:25,133
You clearly know the laws
in the state of Wisconsin

279
00:12:25,200 --> 00:12:28,767
regarding your rights and responsibilities
as a tenant.

280
00:12:28,834 --> 00:12:31,233
And I congratulate you on that.
You really get it.

281
00:12:31,300 --> 00:12:33,734
But the one thing
that I couldn't help but notice

282
00:12:33,800 --> 00:12:37,066
is that when you decided
that you wanted to break your lease

283
00:12:37,133 --> 00:12:39,633
-in July of 2021...
-Mm-hmm?

284
00:12:39,700 --> 00:12:43,233
you knew that you were still on the hook
for the rest of that money,

285
00:12:43,300 --> 00:12:47,066
unless the defendants
went out of their way

286
00:12:47,133 --> 00:12:48,600
and found another tenant.

287
00:12:48,667 --> 00:12:49,767
-Right?
-Yes,

288
00:12:49,834 --> 00:12:53,567
but I also knew the people
that wanted to move in.

289
00:12:53,633 --> 00:12:58,400
I-I-I get that, but if the defendants
wanted to be sneaky,

290
00:12:58,467 --> 00:13:01,967
if they wanted to be, mmm, hurtful,

291
00:13:02,033 --> 00:13:04,133
if they wanted to give you the business,

292
00:13:04,200 --> 00:13:07,433
they'd have said, you know what,
we're not happy with them,

293
00:13:07,500 --> 00:13:08,867
we're gonna keep looking,

294
00:13:08,934 --> 00:13:10,333
and you can keep paying us.

295
00:13:10,400 --> 00:13:12,500
They could've. But they didn't.

296
00:13:12,567 --> 00:13:15,033
What they did was that they found someone.

297
00:13:15,100 --> 00:13:16,934
And you appreciated that, didn't you?

298
00:13:17,000 --> 00:13:20,734
[Angela] I did, but I would not have been
on the hook for the whole lease

299
00:13:20,800 --> 00:13:23,300
by wonky Wisconsin law.

300
00:13:23,367 --> 00:13:26,500
If there's a provision in the lease
that includes attorney's fees,

301
00:13:26,567 --> 00:13:29,200
the entire lease is void
and unenforceable.

302
00:13:29,266 --> 00:13:31,600
Yeah, well, you know,
that would've been up to you

303
00:13:31,667 --> 00:13:32,667
-to make that claim...
-Right.

304
00:13:32,734 --> 00:13:34,200
-and keep your fingers crossed...
-Correct.

305
00:13:34,266 --> 00:13:35,934
that a judge
would've followed through with that.

306
00:13:36,000 --> 00:13:38,400
But the point
that I'm trying to make, though,

307
00:13:38,467 --> 00:13:40,100
is that you appreciated the fact

308
00:13:40,165 --> 00:13:42,800
that the defendant and his wife agreed to

309
00:13:42,867 --> 00:13:45,266
-remove that financial responsibility.
-Correct. Yes.

310
00:13:45,333 --> 00:13:48,734
And that's when you guys
were communicating with each other

311
00:13:48,800 --> 00:13:49,834
via text.

312
00:13:49,900 --> 00:13:51,633
For instance, July 28th,

313
00:13:51,700 --> 00:13:54,633
on page 13 of the text
that the defendant supplied,

314
00:13:54,700 --> 00:13:57,233
he says, "I will need
to show the house soon.

315
00:13:57,300 --> 00:13:58,567
Is it in good shape?"

316
00:13:58,633 --> 00:14:00,734
And that's him, at that time,

317
00:14:00,800 --> 00:14:03,867
trying to reduce
your financial responsibility

318
00:14:03,934 --> 00:14:05,900
by finding another tenant on July 28th.

319
00:14:05,967 --> 00:14:07,700
-That's what that text meant to you?
-Mm-hmm.

320
00:14:07,767 --> 00:14:08,934
On August 10th,

321
00:14:09,000 --> 00:14:11,934
you say, "I'm sorry,
things chaotic right now,

322
00:14:12,000 --> 00:14:14,100
still haven't found a new place."

323
00:14:14,166 --> 00:14:15,233
-Right.
-Right.

324
00:14:15,300 --> 00:14:18,300
And that job that you had in Illinois,
that's why you were moving,

325
00:14:18,367 --> 00:14:19,700
something had fallen through with that?

326
00:14:19,767 --> 00:14:20,867
-No.
-Oh, no? So…

327
00:14:20,934 --> 00:14:24,734
I never had a place
and that's why I agreed to the damages.

328
00:14:24,800 --> 00:14:27,567
She said you do this
and I will give you a good reference.

329
00:14:27,633 --> 00:14:29,433
If you agree to these terms.

330
00:14:29,500 --> 00:14:31,266
I-I get that. Hold on one sec.

331
00:14:31,967 --> 00:14:34,000
[narrator] Coming up on Tribunal Justice…

332
00:14:34,066 --> 00:14:37,834
You say that you were basically
moved out the end of August.

333
00:14:37,900 --> 00:14:41,834
Which means that
when the new tenants had the key,

334
00:14:41,900 --> 00:14:44,867
they weren't walking around, like,
digging in all your stuff.

335
00:14:44,934 --> 00:14:47,133
-Your stuff was mostly out at that time.
-Mostly out.

336
00:14:47,200 --> 00:14:49,200
You weren't living there.
Were you sleeping there at night?

337
00:14:49,266 --> 00:14:51,266
Not on a every day basis, no.

338
00:14:51,333 --> 00:14:53,367
When was the last time
you slept in the home?

339
00:14:58,467 --> 00:14:59,834
[theme music playing]

340
00:15:02,533 --> 00:15:07,233
So, on August 10th, um, again,
you're saying that things are chaotic,

341
00:15:07,300 --> 00:15:08,767
"I still haven't found a place yet,

342
00:15:08,834 --> 00:15:11,133
I can't even find a place
to house my stuff,"

343
00:15:11,200 --> 00:15:13,567
and he's not putting pressure on you
in any way.

344
00:15:13,633 --> 00:15:15,033
At least, that was in the text.

345
00:15:15,100 --> 00:15:17,266
'Cause that's what I'm looking at
right now. Would that be fair?

346
00:15:17,333 --> 00:15:19,467
-For portions you probably have, yes.
-On August 10th?

347
00:15:19,533 --> 00:15:21,333
[Judge Levy] And then, on September 29th,

348
00:15:21,400 --> 00:15:23,867
you say, "How about this?

349
00:15:23,934 --> 00:15:27,500
Hire the new tenant to clean for $300.

350
00:15:27,567 --> 00:15:32,734
Use the carpet I left upstairs bedroom
and grab padding. Should be under 30.

351
00:15:32,800 --> 00:15:37,133
The exact same carpet downstairs
is on sale at Menards

352
00:15:37,200 --> 00:15:39,934
-for 88 cents a square foot.
-[Angela] Mm-hmm.

353
00:15:40,000 --> 00:15:42,667
Have your friend install for $330.

354
00:15:42,734 --> 00:15:45,667
As far as the screens,
I will pay for five of them

355
00:15:45,734 --> 00:15:48,000
to be repaired as a goodwill gesture.

356
00:15:48,066 --> 00:15:49,700
Does that sound fair to you?"

357
00:15:49,767 --> 00:15:51,233
You remember sending that text?

358
00:15:51,300 --> 00:15:56,266
I do, but that's directly to the untruth
of there not being a walk-through.

359
00:15:56,333 --> 00:15:58,300
There was a walk-through on the 29th.

360
00:15:58,367 --> 00:16:00,834
[Judge Levy] That's, I-I get that,
but my point, though,

361
00:16:00,900 --> 00:16:04,233
is that you laid out,
very clearly, in that text

362
00:16:04,300 --> 00:16:07,734
what you were prepared to pay for
out of your security.

363
00:16:07,800 --> 00:16:10,734
So, while it's true
that Wisconsin law does require

364
00:16:10,800 --> 00:16:13,400
certain things to be laid out
crystal clear,

365
00:16:13,467 --> 00:16:16,900
there's nothing in Wisconsin law
that prohibits a tenant from waiving that.

366
00:16:16,967 --> 00:16:18,934
-Correct.
-If a tenant agrees

367
00:16:19,000 --> 00:16:20,367
to pay certain things,

368
00:16:20,433 --> 00:16:23,767
it would be a waste of time
for any landlord to then go back

369
00:16:23,834 --> 00:16:27,100
and put in writing
what the agreement already was.

370
00:16:27,166 --> 00:16:29,000
Especially when it is in writing.
Do you understand?

371
00:16:29,066 --> 00:16:30,433
-I do.
-Thank you.

372
00:16:30,500 --> 00:16:31,900
I have nothing further.

373
00:16:31,967 --> 00:16:33,800
[Judge Acker] I wanna follow up
on something.

374
00:16:33,867 --> 00:16:35,533
Just so I'm clear, Ms. Catron,

375
00:16:35,600 --> 00:16:38,467
you say that you were basically moved out

376
00:16:38,533 --> 00:16:40,200
-the end of August.
-Mm-hmm.

377
00:16:40,266 --> 00:16:43,500
Which means that
when the new tenants had the key

378
00:16:43,567 --> 00:16:46,200
and if they had access to the property,

379
00:16:46,266 --> 00:16:49,165
they weren't walking around, like,
digging in all your stuff.

380
00:16:49,233 --> 00:16:51,500
-Your stuff was mostly out at that time.
-Mostly out.

381
00:16:51,567 --> 00:16:53,567
You weren't living there.
Were you sleeping there at night?

382
00:16:53,633 --> 00:16:56,367
-We had an air mattress there…
-But were you sleeping there?

383
00:16:56,433 --> 00:16:58,400
Not on a every day basis, no.

384
00:16:58,467 --> 00:17:00,200
So you were not still living there?

385
00:17:00,266 --> 00:17:02,600
When was the last time
you slept in the home?

386
00:17:02,667 --> 00:17:05,266
I slept in there the night of the 29th.

387
00:17:05,333 --> 00:17:08,700
-That night I slept…
-Did you sleep there at any moment

388
00:17:08,767 --> 00:17:10,032
-in September?
-In September.

389
00:17:10,099 --> 00:17:11,400
Yes, I did.

390
00:17:11,467 --> 00:17:15,000
I slept there, and my sister,
who was going up and doing painting trim

391
00:17:15,066 --> 00:17:18,233
and things like that, slept there as well
when we would go up there.

392
00:17:18,300 --> 00:17:20,233
Mr. Wheeler, in your answer,

393
00:17:20,300 --> 00:17:23,133
you say that the money
you were collecting for the pets

394
00:17:23,200 --> 00:17:25,567
-was pet rent?
-Yes.

395
00:17:25,633 --> 00:17:27,666
[Judge Acker] And not a deposit.

396
00:17:27,733 --> 00:17:32,033
Explain to us why you want us to interpret
that amount of money as pet rent.

397
00:17:32,100 --> 00:17:33,533
Well, because…

398
00:17:34,567 --> 00:17:38,200
a deposit, you know,
is only paid one time.

399
00:17:38,266 --> 00:17:41,734
The pet deposit is like a rent
when they're paying it every month.

400
00:17:41,800 --> 00:17:43,767
So you were paying this money every month?

401
00:17:43,834 --> 00:17:45,467
-Correct.
-It wasn't just one sum of money

402
00:17:45,533 --> 00:17:47,233
that you paid
at the outset of the tenancy?

403
00:17:47,300 --> 00:17:49,433
No, because it changed
with the number of pets.

404
00:17:49,500 --> 00:17:51,166
Very good. I'm all good, thank you.

405
00:17:51,233 --> 00:17:52,934
We're gonna retire to deliberate.
Thank you both.

406
00:17:53,000 --> 00:17:56,033
[Byrd] Court now stands in recess.
Parties are excused.

407
00:17:57,633 --> 00:17:58,934
Here's what I'm thinking.

408
00:17:59,000 --> 00:18:01,066
Uh, I'd like to dismiss.

409
00:18:01,133 --> 00:18:04,300
With respect to the pet deposit,

410
00:18:04,367 --> 00:18:06,900
which is described in the lease
as a deposit,

411
00:18:06,967 --> 00:18:09,633
I'm prepared to treat that as pet rent.

412
00:18:09,700 --> 00:18:12,066
So, I think that even though
the words say "deposit",

413
00:18:12,133 --> 00:18:13,066
it wasn't a deposit.

414
00:18:13,133 --> 00:18:15,500
I mean, when you pay something
every month, it's rent.

415
00:18:15,567 --> 00:18:17,767
So I don't think
she's entitled to that back.

416
00:18:17,834 --> 00:18:21,967
Now, interesting point about him giving
the new tenants the key,

417
00:18:22,033 --> 00:18:24,333
because I thought
that the point that you made, Patricia,

418
00:18:24,400 --> 00:18:26,533
was really spot on.

419
00:18:26,600 --> 00:18:29,700
Because he thought she was leaving,
that's why he gave them the key.

420
00:18:29,767 --> 00:18:31,734
I don't think
he did anything inappropriate.

421
00:18:31,800 --> 00:18:33,667
He gave the new people the key

422
00:18:33,734 --> 00:18:35,500
when he thought she was leaving.

423
00:18:35,567 --> 00:18:38,567
And she said she was mostly out
in any event.

424
00:18:38,633 --> 00:18:40,700
So, I'm inclined to dismiss.

425
00:18:40,767 --> 00:18:42,567
[Judge DiMango] Okay.
I'm totally on board.

426
00:18:42,633 --> 00:18:45,233
I think it was pretty obvious too
when I was questioning.

427
00:18:45,300 --> 00:18:47,633
I agree, first of all,
that the September rent…

428
00:18:47,700 --> 00:18:50,467
I mean, he did her a favor.
He could've dragged his feet.

429
00:18:50,533 --> 00:18:52,567
He could've said
listen, I'll mitigate, you mitigate.

430
00:18:52,633 --> 00:18:56,033
You're staying here, you owe me till June.
I can do whatever I want.

431
00:18:56,100 --> 00:18:58,333
But no, instead, he came in with someone.

432
00:18:58,400 --> 00:19:02,000
So I think that the September rent
was due and owing to him,

433
00:19:02,066 --> 00:19:04,934
as would any other month have been
afterwards for that.

434
00:19:05,000 --> 00:19:06,834
With regard to the pet money,

435
00:19:06,900 --> 00:19:09,333
I clearly thought that
that was a pet rent as well.

436
00:19:09,400 --> 00:19:11,633
It was paid every month,
so it was tacked on to the rental.

437
00:19:11,700 --> 00:19:13,767
And I think
that we should dismiss her case.

438
00:19:13,834 --> 00:19:16,133
I think that she denied him
the opportunity

439
00:19:16,200 --> 00:19:18,900
to do anything further
with regard to damages and all.

440
00:19:18,967 --> 00:19:20,700
I don't think
he stole anything from her either.

441
00:19:20,767 --> 00:19:23,800
I agree 100%. I have nothing to add. 100%.

442
00:19:23,867 --> 00:19:25,567
So we are very unanimous.

443
00:19:25,633 --> 00:19:26,700
-Great.
-Yes.

444
00:19:30,200 --> 00:19:33,166
Court is back in session.
I remind parties you're still under oath.

445
00:19:33,233 --> 00:19:34,800
-[Judge Acker] Thank you, Byrd.
-[Byrd] Mm-hmm.

446
00:19:34,867 --> 00:19:38,367
Ms. Catron, uh, we are unanimous

447
00:19:38,433 --> 00:19:40,367
and we're dismissing your case.

448
00:19:40,433 --> 00:19:42,266
Um, I'm going to explain to you why.

449
00:19:42,333 --> 00:19:45,100
Even though the lease says pet deposit,

450
00:19:45,166 --> 00:19:48,300
the practice was they were collected
every month, they were treated as rent.

451
00:19:48,367 --> 00:19:51,066
Deposits you collect at the outset.

452
00:19:51,133 --> 00:19:54,600
So the money was, in practice,
treated as rent.

453
00:19:54,667 --> 00:19:56,500
And we are going to so treat it.

454
00:19:56,567 --> 00:20:00,633
Uh, with respect to your request
for your security deposit back,

455
00:20:00,700 --> 00:20:01,633
in fact, double,

456
00:20:01,700 --> 00:20:03,667
we're also denying that.

457
00:20:03,734 --> 00:20:05,567
As Judge Levy pointed out,

458
00:20:05,633 --> 00:20:08,667
a tenant can waive that provision

459
00:20:08,734 --> 00:20:11,800
whereby the landlord
has to provide the itemized list,

460
00:20:11,867 --> 00:20:12,934
and you waived it.

461
00:20:13,000 --> 00:20:18,033
Furthermore, while the defendant
did give the new tenants that key,

462
00:20:18,100 --> 00:20:21,600
that was at a time that you'd indicated
that you were going to be out.

463
00:20:21,667 --> 00:20:25,266
So we don't find
that he acted at all improperly.

464
00:20:25,333 --> 00:20:29,734
But, frankly, to come to court
and suggest that you were treated wrongly,

465
00:20:29,800 --> 00:20:31,734
when the landlord worked really hard

466
00:20:31,800 --> 00:20:34,233
to let you out of the lease
six months early,

467
00:20:34,300 --> 00:20:38,133
um, that is not a claim
that we're prepared to accept.

468
00:20:38,200 --> 00:20:41,100
So your complaint is denied.
Good luck to you.

469
00:20:42,567 --> 00:20:44,600
[Byrd] This case is concluded.
Parties are excused.

470
00:20:44,667 --> 00:20:45,734
You may step out.

471
00:20:47,900 --> 00:20:49,633
I have nothing against the defendant.

472
00:20:49,700 --> 00:20:51,200
We could've had this all settled out.

473
00:20:51,266 --> 00:20:53,066
I just wanted a list of the receipts,

474
00:20:53,133 --> 00:20:55,667
what did you charge me for,
let's work this out amicably.

475
00:20:55,734 --> 00:20:58,967
Everything she was saying,
there wasn't half truth.

476
00:20:59,033 --> 00:21:02,767
The $300 worth of cleaning,
they walked out on the walk-through.

477
00:21:02,834 --> 00:21:04,533
Well, she wouldn't do the walk-through

478
00:21:04,600 --> 00:21:07,100
and, yes, we did charge her
to clean the house.

479
00:21:07,166 --> 00:21:09,834
She said you agree to this,
or I'm not giving you a good reference.

480
00:21:09,900 --> 00:21:11,233
And not be as nice a guy.

481
00:21:11,300 --> 00:21:12,300
Read the laws.

482
00:21:12,367 --> 00:21:14,767
Especially in a wonky state,
like Wisconsin.

483
00:21:14,834 --> 00:21:17,400
And for landlords, follow the law.

484
00:21:17,467 --> 00:21:19,300
[narrator] Does someone owe you money?

485
00:21:20,033 --> 00:21:23,233
Let Tribunal Justice decide your case.

486
00:21:23,300 --> 00:21:26,233
Find us on social media
at Tribunal Justice.

487
00:21:26,300 --> 00:21:29,266
[theme music playing]