1 00:00:00,400 --> 00:00:04,867 You think it's fair that you don't have to pay a dollar in rent for a year? 2 00:00:04,934 --> 00:00:07,467 For almost two years, I had a broken window. 3 00:00:07,533 --> 00:00:09,367 These are some of the photographs. 4 00:00:10,867 --> 00:00:13,166 He was just taking pictures without my permission. 5 00:00:13,233 --> 00:00:15,166 I have rats inside of my apartment. 6 00:00:15,233 --> 00:00:18,166 I don't know how they found their way in with the mess I just saw. 7 00:00:18,233 --> 00:00:20,967 [announcer] Today on Tribunal Justice. 8 00:00:21,033 --> 00:00:24,033 [opening theme music plays] 9 00:00:42,667 --> 00:00:45,800 This case was filed in San Diego, California. 10 00:00:45,867 --> 00:00:48,934 [Byrd] Your Honor, this is case number 1030 on the calendar 11 00:00:49,000 --> 00:00:51,500 in the matter of Minnich versus Reyes. 12 00:00:51,567 --> 00:00:54,066 Parties have been sworn in. You may be seated. 13 00:00:54,133 --> 00:00:55,233 -[DiMango] Thank you, Byrd. -Mm-hmm. 14 00:00:55,300 --> 00:01:00,467 Mr. Minnich, you are the-- or were-- the landlord to the defendant, Mr. Reyes. 15 00:01:00,533 --> 00:01:03,600 And this is about a lawsuit involving your request 16 00:01:03,667 --> 00:01:08,000 for $7000 for past due rent and damages you say he caused. 17 00:01:08,066 --> 00:01:10,200 -Correct. -And the story unfolds as follows. 18 00:01:10,266 --> 00:01:12,533 You purchased this apartment building, 19 00:01:12,600 --> 00:01:15,033 and you inherited the defendant, basically, as a tenant. 20 00:01:15,100 --> 00:01:17,000 That was back in July 2020, right? 21 00:01:17,066 --> 00:01:18,133 -During COVID. -Yes. 22 00:01:18,200 --> 00:01:19,667 You say that he paid late 23 00:01:19,734 --> 00:01:23,934 and he refused to pay his late fees and further that he was a hoarder. 24 00:01:24,000 --> 00:01:26,800 And just to show something about that, 25 00:01:26,867 --> 00:01:29,934 these are some of the photographs that you took of his apartment, 26 00:01:30,000 --> 00:01:32,300 if I'm not mistaken, when the case was filed. 27 00:01:32,366 --> 00:01:33,500 Would that be correct? 28 00:01:33,567 --> 00:01:35,066 -Correct. -So, this is your apartment. 29 00:01:35,166 --> 00:01:36,033 Would that be correct? 30 00:01:36,100 --> 00:01:36,967 Yes, that's correct. 31 00:01:37,033 --> 00:01:42,200 Okay, so you're looking for $5,970 for five months of back rent-- 32 00:01:42,265 --> 00:01:47,767 That would be from April through August and a late fee of $100 33 00:01:47,834 --> 00:01:49,866 and the money for the repairs and the cleanup. 34 00:01:49,934 --> 00:01:51,366 -Yes. -What you say, sir, 35 00:01:51,433 --> 00:01:53,500 is you were living in this rent-controlled apartment 36 00:01:53,567 --> 00:01:56,433 for five years before he came in, and you had no problems. 37 00:01:56,500 --> 00:01:59,000 And, then, upon his entry, he raised your rent 38 00:01:59,066 --> 00:02:04,066 and that he let residents from a nearby shelter or recovery unit 39 00:02:04,133 --> 00:02:08,767 walk along the property which interfered with your peaceful enjoyment of your home. 40 00:02:08,834 --> 00:02:12,967 He didn't make repairs in a timely fashion and that he would intimidate you, 41 00:02:13,033 --> 00:02:15,934 violating all of the tenants' rules that he possibly could, 42 00:02:16,000 --> 00:02:18,400 so, therefore, you owe nothing as a tenant. 43 00:02:18,466 --> 00:02:21,466 -Correct. -So, that was your apartment, correct? 44 00:02:21,533 --> 00:02:24,433 -Yes. -And you were not paying rent. 45 00:02:24,500 --> 00:02:25,767 Would that be correct? 46 00:02:25,834 --> 00:02:28,934 -Yes. -And did you apply for COVID Relief, sir? 47 00:02:29,000 --> 00:02:30,166 Yes, I was-- 48 00:02:30,233 --> 00:02:31,734 When did you apply for COVID relief? 49 00:02:31,800 --> 00:02:35,600 I applied for a COVID relief August of 2021. 50 00:02:35,667 --> 00:02:36,767 I was recommended. 51 00:02:36,834 --> 00:02:39,466 COVID relief through rental assistance through Travis. 52 00:02:39,533 --> 00:02:42,266 Travis recommended me when I was hit with COVID. 53 00:02:42,333 --> 00:02:47,900 Because I have four notices in my evidence wherein they sent you letters 54 00:02:47,966 --> 00:02:52,533 saying I'm sorry, we cannot accept this it's an incomplete application. 55 00:02:52,600 --> 00:02:53,466 Four times. 56 00:02:53,533 --> 00:02:55,966 Now, sir, you had to get involved in that, did you not? 57 00:02:56,033 --> 00:02:57,233 -I did. -In order to get the rent? 58 00:02:57,300 --> 00:02:58,466 So, tell us what happened. 59 00:02:58,533 --> 00:02:59,834 Tell us how this all came about? 60 00:02:59,900 --> 00:03:01,667 Well, like you said, he kept getting denied. 61 00:03:01,734 --> 00:03:03,934 And so I was trying to follow up with his caseworker 62 00:03:04,000 --> 00:03:05,233 and figure out what the problem was. 63 00:03:05,300 --> 00:03:09,133 And each time, he was not returning the requested documents. 64 00:03:09,200 --> 00:03:10,467 Do you agree that you were not paying 65 00:03:10,533 --> 00:03:14,633 any rent from September '21 until, basically, now? 66 00:03:14,700 --> 00:03:16,966 Yes, that's correct, because it takes six to eight weeks 67 00:03:17,033 --> 00:03:20,133 for rental assistance to approve the application. 68 00:03:20,200 --> 00:03:22,734 And we did try and we worked together. 69 00:03:22,800 --> 00:03:25,300 And even when I gave him my pass code information, 70 00:03:25,367 --> 00:03:29,266 Travis tried to help me and they kept on denying it 71 00:03:29,333 --> 00:03:32,633 and we kept on appealing it over and over to get approved. 72 00:03:32,700 --> 00:03:36,533 So, Mr. Minnich, please tell us what you did to remedy this. 73 00:03:36,600 --> 00:03:38,533 Getting involved, what was necessary? 74 00:03:38,600 --> 00:03:39,934 They just wanted certain documents. 75 00:03:40,000 --> 00:03:43,033 He was also applying for assistance to cover his SDG&E bills, 76 00:03:43,100 --> 00:03:45,567 his gas electric bills, and they needed proof 77 00:03:45,633 --> 00:03:49,433 that his past due balance didn't occur before a certain date 78 00:03:49,500 --> 00:03:51,333 because they were only covering up to a certain date. 79 00:03:51,400 --> 00:03:53,934 He didn't turn that in, so I had him give that to me 80 00:03:54,000 --> 00:03:55,367 so I could forward it to them. 81 00:03:55,433 --> 00:03:58,066 They wanted a letter from him saying that he wasn't working. 82 00:03:58,133 --> 00:03:59,100 So, he hand-wrote a letter. 83 00:03:59,166 --> 00:04:00,934 They wanted another letter stating something else, 84 00:04:01,000 --> 00:04:02,734 so, I had him hand-write a letter. 85 00:04:02,800 --> 00:04:04,767 It was information that he was privy to, 86 00:04:04,834 --> 00:04:07,133 information that he had that was necessary. 87 00:04:07,200 --> 00:04:09,533 It wasn't that he had to help bring you in 88 00:04:09,600 --> 00:04:11,500 because you needed to give them information. 89 00:04:11,567 --> 00:04:16,266 I had many tenants apply for it, and it was a very easy, straightforward process. 90 00:04:16,332 --> 00:04:19,166 Now, part of his defense, also, that he wasn't paying rent 91 00:04:19,233 --> 00:04:21,466 was really that when you let-- kind of like, you know, 92 00:04:21,533 --> 00:04:23,367 you came in gangbusters and raised the rent. 93 00:04:23,433 --> 00:04:25,533 -No. -Now, I have some information here 94 00:04:25,600 --> 00:04:27,533 that you could increase the rent, 95 00:04:27,600 --> 00:04:31,200 and, in fact, you raised it within the permissible amount. 96 00:04:31,266 --> 00:04:35,100 So, the fact that he asked for an increase shouldn't be viewed by you 97 00:04:35,166 --> 00:04:37,867 as a reason not to continue to pay rent. 98 00:04:37,933 --> 00:04:40,266 Another reason, you contend, that you couldn't pay rent-- 99 00:04:40,332 --> 00:04:42,800 What about this recovery home that was near there 100 00:04:42,867 --> 00:04:44,834 that you were permitting people to walk on the property? 101 00:04:44,900 --> 00:04:45,767 What is that about? 102 00:04:45,834 --> 00:04:47,767 My property isn't fenced in any way. 103 00:04:47,834 --> 00:04:50,300 There's two driveways that go from the alley 104 00:04:50,367 --> 00:04:53,166 So it's public-- public ingress and regress-- egress. 105 00:04:53,233 --> 00:04:56,467 Yeah, and I've never heard anything from him 106 00:04:56,533 --> 00:04:58,700 or any other tenant with concerns about-- 107 00:04:58,767 --> 00:05:00,433 Sir, what floor do you live on in the building? 108 00:05:00,500 --> 00:05:03,934 I live in the first floor, and I did talk to the people 109 00:05:04,000 --> 00:05:06,500 that were in charge of that recovery program. 110 00:05:06,567 --> 00:05:09,300 I'm getting mad-dogged by the people. 111 00:05:09,367 --> 00:05:10,600 They're getting out of jail. 112 00:05:10,667 --> 00:05:14,166 They live in the recovery program, telling me they get permission from Travis 113 00:05:14,233 --> 00:05:16,300 for them to cut through our apartment complex, 114 00:05:16,367 --> 00:05:17,300 which is private. 115 00:05:17,367 --> 00:05:18,700 We all pay our rent there. 116 00:05:18,767 --> 00:05:21,633 The bottom line is, a landlord can't necessarily keep people 117 00:05:21,700 --> 00:05:25,066 from walking off public sidewalks or areas that are not limited. 118 00:05:25,133 --> 00:05:28,000 So, that's another thing that I think you're expecting him 119 00:05:28,066 --> 00:05:30,633 to behave in a way that's not in his control, 120 00:05:30,700 --> 00:05:33,300 and one of the other issues that you had here 121 00:05:33,367 --> 00:05:36,433 was that he didn't believe that you applied for COVID. 122 00:05:36,500 --> 00:05:39,600 Well, he didn't believe that you properly apply because you didn't properly apply. 123 00:05:39,667 --> 00:05:41,967 He had to actually come around and do that. 124 00:05:42,033 --> 00:05:44,767 So, he really hasn't done anything 125 00:05:44,834 --> 00:05:48,300 in accordance with your reasons for you're not paying rent. 126 00:05:48,367 --> 00:05:52,233 And you admit, sir, correct, that you did not pay rent April of '22, 127 00:05:52,300 --> 00:05:54,433 May, June, July and August, correct? 128 00:05:54,500 --> 00:05:59,400 Yes, ma'am, but my knowledge is with rental assistance, 129 00:05:59,467 --> 00:06:02,033 you cannot raise the rent during rental assistance. 130 00:06:02,100 --> 00:06:04,233 During the pandemic, he raised the rent during rent-- 131 00:06:04,300 --> 00:06:06,433 -No, he didn't. That was-- -He never fixed my window. 132 00:06:06,500 --> 00:06:09,266 For almost two years, I had a broken window. 133 00:06:09,333 --> 00:06:10,767 And I was very paranoid-- 134 00:06:10,834 --> 00:06:11,800 Did you not fix his window? 135 00:06:11,900 --> 00:06:13,300 -I did not. -[DiMango] Why not? 136 00:06:13,367 --> 00:06:14,433 Because he broke it. 137 00:06:15,233 --> 00:06:19,400 I don't know if necessarily that gives you the reason that, you know, you could-- 138 00:06:19,467 --> 00:06:22,332 He told me that kids broke it, and I go out there 139 00:06:22,400 --> 00:06:25,433 and all the glasses on the outside of the property on the ground. 140 00:06:25,500 --> 00:06:27,667 So that means you broke it from the inside out. 141 00:06:27,734 --> 00:06:28,633 Yes. 142 00:06:28,734 --> 00:06:32,967 Because if I broke a window, it would go this way, not towards me. 143 00:06:33,033 --> 00:06:35,633 And I would have to fix something through and then pull it at myself. 144 00:06:35,700 --> 00:06:36,567 Why would I do that? 145 00:06:36,633 --> 00:06:38,500 [theme music playing] 146 00:06:38,567 --> 00:06:40,600 [announcer] Coming up on Tribunal Justice. 147 00:06:40,667 --> 00:06:43,834 If you had this overwhelming smell of mildew in your apartment, 148 00:06:43,900 --> 00:06:46,332 what you would need to actually do 149 00:06:46,400 --> 00:06:49,533 is to get the stuff out of your apartment so that it could be addressed. 150 00:06:49,600 --> 00:06:52,433 You couldn't even get yourself to do the paperwork 151 00:06:52,500 --> 00:06:56,066 that would allow the rent to get paid so that you wouldn't get evicted. 152 00:07:01,166 --> 00:07:02,767 [theme music playing] 153 00:07:03,266 --> 00:07:06,734 [announcer] Travis Minnich is suing his tenant, Jason Reyes, 154 00:07:06,800 --> 00:07:08,934 for rent and apartment damage. 155 00:07:09,000 --> 00:07:15,000 Jason claims Travis is a slumlord and refused to fix anything in the apartment. 156 00:07:15,567 --> 00:07:17,233 I don't know if you have a right to kind of leave him 157 00:07:17,300 --> 00:07:20,533 with a broken window, even though he caused the damage. 158 00:07:20,600 --> 00:07:24,533 Travis just fixed it recently because he raised the rent by $800 159 00:07:24,600 --> 00:07:26,233 more expensive than what I was paying. 160 00:07:26,300 --> 00:07:28,266 -He has the right-- -It's the market rate. 161 00:07:28,332 --> 00:07:29,633 Are you a month-to-month tenant? 162 00:07:29,700 --> 00:07:31,800 -Month-to-month tenant. -Yeah, so did he give you notice 163 00:07:31,867 --> 00:07:33,066 that he was going to raise it? 164 00:07:33,166 --> 00:07:34,933 -Yes. -So, then, as long as he's within 165 00:07:35,000 --> 00:07:38,033 the legal bounds of raising it, you had the option to leave 166 00:07:38,100 --> 00:07:39,367 if you don't want to stay, 167 00:07:39,433 --> 00:07:40,667 -Oh, yes. -But you stayed. 168 00:07:40,734 --> 00:07:42,367 But you can't not pay rent. 169 00:07:42,433 --> 00:07:47,332 Yes, and him paying for the trash once a month. 170 00:07:47,400 --> 00:07:48,266 -[DiMango] That's your home. -[Reyes] Ridiculous. 171 00:07:48,332 --> 00:07:49,767 -[Minnich] I'd like to speak to-- -[Reyes] I have rats-- 172 00:07:49,834 --> 00:07:53,000 -[DiMango] Just a second. -I have rats inside of my apartment. 173 00:07:53,066 --> 00:07:56,734 I don't know how they found their way in with the mess I just saw. 174 00:07:56,800 --> 00:07:59,133 And if they got in, I'm not sure they could find their way out. 175 00:07:59,200 --> 00:08:00,767 -Judge Levy. -He came unannounced 176 00:08:00,834 --> 00:08:03,266 and violated the 24-hour rule. 177 00:08:03,333 --> 00:08:05,133 of landlords showing up to the property, 178 00:08:05,200 --> 00:08:06,967 so, don't try and make up anything, Travis, please. 179 00:08:07,033 --> 00:08:09,066 Okay, guys, Judge Levy's going to handle this. 180 00:08:09,133 --> 00:08:11,400 Mr. Reyes, these are some of the photographs. 181 00:08:11,467 --> 00:08:13,834 I just want to make sure, that the plaintiff provided-- 182 00:08:13,900 --> 00:08:15,100 They're in Plaintiffs Eight. 183 00:08:15,166 --> 00:08:19,033 And they're photographs of your apartment from August of 2020. 184 00:08:19,100 --> 00:08:20,734 Is that your living room? 185 00:08:20,800 --> 00:08:23,667 That's the living room that he showed up unannounced. 186 00:08:23,734 --> 00:08:27,834 I get that. And then in 2022, there were additional photographs 187 00:08:27,900 --> 00:08:31,367 that were taken provided by the plaintiff. I understand what you're saying, 188 00:08:31,433 --> 00:08:33,299 that he came in without 24-hours notice, 189 00:08:33,366 --> 00:08:34,900 but I'm just trying to get an idea 190 00:08:34,967 --> 00:08:39,600 of how you kept the apartment between 2020 and 2022. 191 00:08:39,667 --> 00:08:42,667 So, this is again-- Is that the kitchen? 192 00:08:43,232 --> 00:08:44,533 [Reyes] That is the kitchen, Your Honor. 193 00:08:44,600 --> 00:08:50,600 Okay. And, again, 2022 and the same area in 2020. 194 00:08:51,467 --> 00:08:53,967 I would have been better prepared to organize it, 195 00:08:54,033 --> 00:08:58,567 but to my knowledge, he came over every so often unannounced. 196 00:08:58,633 --> 00:09:01,166 That's okay, and I know that that was super-irritating for you. 197 00:09:01,233 --> 00:09:03,633 I get that. What's that a photograph of? 198 00:09:03,700 --> 00:09:07,166 That's the rat that I found that I had to trap myself 199 00:09:07,233 --> 00:09:10,900 because Travis didn't want to do nothing about the window or the rat problem. 200 00:09:10,967 --> 00:09:12,767 -Now, I grew up in the Bronx. -[Reyes] Mm-hmm. 201 00:09:12,834 --> 00:09:15,633 -And, so, this isn't unusual to me. -All right. 202 00:09:15,700 --> 00:09:18,133 And what I can tell you from my experience... 203 00:09:18,200 --> 00:09:20,767 is that guy has been there a while. 204 00:09:20,834 --> 00:09:22,767 -I'm not too sure about that. -Really? 205 00:09:22,834 --> 00:09:25,233 Because that's the only one I found in five years. 206 00:09:25,300 --> 00:09:26,834 -Okay. -That's the only mouse 207 00:09:26,900 --> 00:09:28,533 I ever had a problem with. 208 00:09:28,600 --> 00:09:30,000 This photograph was taken by whom? 209 00:09:30,066 --> 00:09:30,934 -By me. -By you. 210 00:09:31,000 --> 00:09:31,867 -Yeah. -Okay. 211 00:09:31,934 --> 00:09:33,000 -I was never told of any... -Yeah. 212 00:09:33,066 --> 00:09:34,233 [Levy] No, I get it. I get it. 213 00:09:34,300 --> 00:09:36,165 I had to floods, and I think that's what caused 214 00:09:36,233 --> 00:09:38,000 the mice to come into the apartment. 215 00:09:38,066 --> 00:09:41,633 And this photograph here, Is this another one that you provided, Mr. Reyes? 216 00:09:41,700 --> 00:09:44,433 -I provided that picture. -And what is that a picture of? 217 00:09:44,500 --> 00:09:46,233 This is outside by the trash cans. 218 00:09:46,300 --> 00:09:47,667 -I'd like to speak to that. -Yeah, please speak to that. 219 00:09:47,734 --> 00:09:49,066 These are the dumpsters. 220 00:09:49,133 --> 00:09:53,200 Republic Services, the trash collection, went on strike back in December... 221 00:09:53,266 --> 00:09:54,967 -Okay. -...and weren't picking up for months. 222 00:09:55,433 --> 00:09:57,633 Everybody's trash in San Diego looked like that. 223 00:09:57,700 --> 00:09:58,600 This is another one that-- 224 00:09:58,667 --> 00:10:03,567 I picked all of that at myself and carted it to the dump myself for weeks 225 00:10:03,633 --> 00:10:07,200 while Republic Services was on strike. 226 00:10:07,266 --> 00:10:09,700 Mr. Reyes, do you have any reason to controvert 227 00:10:09,767 --> 00:10:13,967 what Mr. Minnich just said about him personally removing that garbage 228 00:10:14,033 --> 00:10:16,734 because the company was on strike and wasn't picking up garbage? 229 00:10:17,233 --> 00:10:19,767 He is telling the truth. The company was on strike. 230 00:10:19,834 --> 00:10:22,233 But the trash was never picked up. 231 00:10:22,300 --> 00:10:25,400 I have neighbors that we all try to sweep and help 232 00:10:25,467 --> 00:10:27,100 and pick up the trash every so often 233 00:10:27,166 --> 00:10:29,266 because we don't have a maintenance person. 234 00:10:29,333 --> 00:10:32,033 We don't have a Terminix person. 235 00:10:32,100 --> 00:10:36,100 He does all the maintenance work, his self, which is not a very good job. 236 00:10:36,165 --> 00:10:38,233 -[Levy] Now-- -And he doesn't hire any plumbers. 237 00:10:38,300 --> 00:10:39,934 Nothing. He does all the work himself. 238 00:10:40,000 --> 00:10:41,066 -So, we can agree-- -Going-- 239 00:10:41,133 --> 00:10:43,633 So, why don't we agree on this, in your mind's eye, 240 00:10:43,700 --> 00:10:45,233 he's not the greatest landlord. 241 00:10:45,900 --> 00:10:47,266 -Yes, -And can we also agree 242 00:10:47,333 --> 00:10:50,100 that in his mind's eye, you're not the greatest tenant? 243 00:10:50,165 --> 00:10:52,266 -Yes. -In your answer to his complaint, 244 00:10:52,333 --> 00:10:54,133 you said that one of the reasons 245 00:10:54,200 --> 00:10:56,600 why you didn't feel it was necessary for you to pay rent 246 00:10:56,667 --> 00:10:59,333 was because there was some leaks and some floods. 247 00:10:59,400 --> 00:11:02,967 You found a rat in your apartment-- and that was a rat in the apartment 248 00:11:03,066 --> 00:11:05,867 with those photographs that we had shown each other 249 00:11:05,934 --> 00:11:08,300 from 2020 and 2022, right? 250 00:11:08,367 --> 00:11:11,400 And there was one rat in your apartment, which I know is disgusting. 251 00:11:11,467 --> 00:11:14,567 But with all that other clutter in there, there was one rat that you found, right? 252 00:11:14,633 --> 00:11:16,600 One rat that I found. It wasn't always like that. 253 00:11:16,667 --> 00:11:17,967 -He came-- -I get it. 254 00:11:18,033 --> 00:11:19,200 We don't know when he was there. 255 00:11:19,266 --> 00:11:21,400 We don't know how long he was there, but it's just one, 256 00:11:21,467 --> 00:11:24,367 and that you said that, "I had a smell of mildew in my apartment 257 00:11:24,433 --> 00:11:29,100 from that day in April," until you moved out in August of 2022. 258 00:11:29,166 --> 00:11:33,266 Now, if you wanted your landlord, the plaintiff here, to address the mildew 259 00:11:33,333 --> 00:11:37,200 and to fix the problem with the mildew, that would have required you 260 00:11:37,266 --> 00:11:39,367 to remove everything from your apartment. 261 00:11:39,433 --> 00:11:41,200 Did you ever make that offer to him? 262 00:11:41,266 --> 00:11:42,734 I mentioned to him that, um-- 263 00:11:42,800 --> 00:11:44,500 Did you ever make the offer to him? 264 00:11:44,567 --> 00:11:46,500 You didn't expect him to move all that clutter out, did you? 265 00:11:46,567 --> 00:11:48,667 No, of course I would have moved it. 266 00:11:48,734 --> 00:11:51,900 But he never offered to even get the carpet cleaning work. 267 00:11:51,967 --> 00:11:53,700 I'm not saying that he did, he didn't. 268 00:11:53,767 --> 00:11:56,500 All I'm asking is that if you had this overwhelming smell 269 00:11:56,567 --> 00:12:00,533 of mildew in your apartment, you knew that in order to address that 270 00:12:00,600 --> 00:12:03,900 you would need, you would need to actually do something. 271 00:12:03,967 --> 00:12:08,600 And what you would need to actually do is to get the stuff out of your apartment 272 00:12:08,667 --> 00:12:10,600 -so that it could be addressed, right? -Yes. 273 00:12:10,667 --> 00:12:13,633 And you couldn't even get yourself to do the paperwork 274 00:12:13,700 --> 00:12:17,900 that would allow the rent to get paid so that you wouldn't get evicted. Right? 275 00:12:17,967 --> 00:12:18,934 To a certain extent. 276 00:12:19,000 --> 00:12:21,734 I do appreciate your honesty, and I have no further questions. 277 00:12:21,800 --> 00:12:23,200 -Judge Acker. -Thank you, Judge. 278 00:12:23,266 --> 00:12:25,000 Mr. Reyes, what do you do for a living? 279 00:12:25,066 --> 00:12:29,133 I was moving furniture until the season got slow on me, 280 00:12:29,200 --> 00:12:33,165 and until I caught the COVID. It's been an up-and-down situation for me. 281 00:12:33,233 --> 00:12:37,100 Have you digested the fact that you went for about a year 282 00:12:37,165 --> 00:12:38,734 without paying any rent at all. 283 00:12:38,800 --> 00:12:42,633 -Yes-- -And I-- just, having digested that fact, 284 00:12:42,700 --> 00:12:47,133 do you believe that the evidence that you've brought into court today 285 00:12:47,200 --> 00:12:50,567 is sufficient in good faith and good conscience to say, 286 00:12:50,633 --> 00:12:51,567 "You know what? 287 00:12:51,633 --> 00:12:55,500 Maybe on these days my apartment was really messy, 288 00:12:55,567 --> 00:12:59,633 but he came in when he had no business. And here is a picture of this rodent." 289 00:12:59,700 --> 00:13:02,333 And then in May, I believe, Mr. Minnich, 290 00:13:02,400 --> 00:13:05,500 when the eviction moratorium expired in May, 291 00:13:05,567 --> 00:13:08,467 and by May you hadn't paid and he couldn't evict you. 292 00:13:08,533 --> 00:13:11,600 But then there was a moment when he could have 293 00:13:11,667 --> 00:13:14,967 and you still lived how many months in the property, sir? 294 00:13:15,033 --> 00:13:16,333 Five. May through-- 295 00:13:16,400 --> 00:13:20,400 Five months after the rental moratorium expires. 296 00:13:20,467 --> 00:13:24,400 And it's still your position, sir, that you don't believe you owe dollar in rent. 297 00:13:24,467 --> 00:13:27,500 If you had a broken window that anybody could break in, 298 00:13:27,567 --> 00:13:29,967 see that he doesn't want to fix for almost two years 299 00:13:30,033 --> 00:13:34,333 and you can get to floods, and he's out of town for four days 300 00:13:34,400 --> 00:13:37,300 and he doesn't want to come and fix the situation until he comes back, 301 00:13:37,367 --> 00:13:39,600 -four days, doesn't offer-- -With respect to the window, 302 00:13:39,667 --> 00:13:42,533 when Judge DiMango asked the plaintiff about that, 303 00:13:42,600 --> 00:13:45,100 she pointed to evidence that indicated that 304 00:13:45,165 --> 00:13:47,165 the window had been broken from the inside 305 00:13:47,233 --> 00:13:49,165 and that was actually the plaintiff's testimony. 306 00:13:49,233 --> 00:13:50,367 Did you break that window? 307 00:13:50,433 --> 00:13:52,867 -Why would I break a window where I live? -I have no idea. 308 00:13:52,934 --> 00:13:56,600 -I don't know you. The glass is outside. -It doesn't make any sense. 309 00:13:56,667 --> 00:13:59,133 I don't need to know you. I know how physics works. 310 00:13:59,200 --> 00:14:00,767 [theme music playing] 311 00:14:00,834 --> 00:14:03,266 [announcer] Coming up on Tribunal Justice. 312 00:14:03,333 --> 00:14:08,300 Now, if we say that we're going to penalize him, 313 00:14:08,367 --> 00:14:10,900 to some extent, for that broken window, 314 00:14:10,967 --> 00:14:13,433 you think that window costs $7,000? 315 00:14:18,533 --> 00:14:20,467 [theme music playing] 316 00:14:22,233 --> 00:14:25,734 Now, if you break something from the inside, the glass goes that way. 317 00:14:25,800 --> 00:14:28,500 If you break it from the outside, the glass comes inside. 318 00:14:28,567 --> 00:14:31,533 So, if there's glass outside of your window, 319 00:14:31,600 --> 00:14:34,767 then the reasonable inference to be drawn is that you broke it. 320 00:14:34,834 --> 00:14:37,934 Now, again, I don't know if that lets him off the hook, 321 00:14:38,000 --> 00:14:40,033 but, so, let's say you had a broken window-- 322 00:14:40,100 --> 00:14:42,200 -The window was broken for two years? -Almost two years. 323 00:14:42,266 --> 00:14:45,200 -You put up some Plexiglass? -Plexiglass and tape. 324 00:14:45,266 --> 00:14:47,967 -Why don't you just fix it? -I guess I could have. 325 00:14:48,033 --> 00:14:51,266 I didn't think it was fair, especially for someone who hadn't paid rent in a year. 326 00:14:52,066 --> 00:14:53,066 That was my stance. 327 00:14:53,133 --> 00:14:55,767 What did you do before you bought this building? 328 00:14:55,834 --> 00:14:57,200 -Did you have other properties? -Mm-hmm. 329 00:14:57,266 --> 00:15:01,333 Were you compromised financially in any way by not receiving any rent 330 00:15:01,400 --> 00:15:03,166 from the defendant in a year 331 00:15:03,233 --> 00:15:04,667 -or you made it okay? -I made it okay. 332 00:15:04,734 --> 00:15:06,367 Okay, good. Thanks for your candor. 333 00:15:06,433 --> 00:15:08,200 I still don't think that it's fair. 334 00:15:08,266 --> 00:15:10,767 Even if somebody's not broke and starving, 335 00:15:10,834 --> 00:15:13,200 they're entitled to get their rent money. 336 00:15:13,266 --> 00:15:18,734 Now, if we say that we're going to penalize him, 337 00:15:18,800 --> 00:15:21,300 to some extent, for that broken window, 338 00:15:21,367 --> 00:15:23,800 you think that window costs $7,000? 339 00:15:23,867 --> 00:15:25,433 -No. -Is that window worth 340 00:15:25,500 --> 00:15:27,266 a year's worth of rent? 341 00:15:27,333 --> 00:15:30,500 No, actually, rental assistance helped with seven months of it. 342 00:15:30,567 --> 00:15:31,900 So, it wasn't a whole year. 343 00:15:31,967 --> 00:15:35,165 And, Your Honor, that's why I gave my 30-day notice on July 31 344 00:15:35,233 --> 00:15:38,266 because I felt like I couldn't come up with the money. 345 00:15:38,333 --> 00:15:41,633 I told him a couple, um, dishonest things 346 00:15:41,700 --> 00:15:43,834 that I was going to get some money in the mail 347 00:15:43,900 --> 00:15:46,600 just because he kept on harassing me and belittling me. 348 00:15:46,667 --> 00:15:48,533 Kept on showing up, saying that was such a hoarder. 349 00:15:48,600 --> 00:15:51,333 Well, was he belittling you, or was he concerned 350 00:15:51,400 --> 00:15:53,934 about the condition of the property and the fact 351 00:15:54,000 --> 00:15:55,934 that he hadn't been paid for five months? 352 00:15:56,000 --> 00:15:57,567 Do you think that that broken window 353 00:15:57,633 --> 00:15:59,934 is worth five months of rent in good conscience? 354 00:16:00,066 --> 00:16:01,934 No, but renters still have their rights. 355 00:16:02,000 --> 00:16:03,567 -They sure do. -I still have my rights as a renter. 356 00:16:03,633 --> 00:16:05,900 I shouldn't be harassed and made fun of that 357 00:16:05,967 --> 00:16:10,967 I got too many things in my apartment, and I'm not that organized, you know? 358 00:16:11,033 --> 00:16:13,867 Well, so, it was your feeling that because he was making 359 00:16:13,934 --> 00:16:17,166 these unannounced visits, and making judgments 360 00:16:17,233 --> 00:16:20,333 about how you kept the property that you felt belittled. 361 00:16:20,400 --> 00:16:22,834 Mr. Minnich, would you like to respond to that? 362 00:16:22,900 --> 00:16:25,467 I have never once showed up unannounced. 363 00:16:25,533 --> 00:16:27,467 When I took the pictures, and he's saying I showed up unannounced, 364 00:16:27,533 --> 00:16:29,967 I gave him 24-hours notice. 365 00:16:30,033 --> 00:16:31,734 I have that in a text. He knows that. 366 00:16:31,800 --> 00:16:33,767 I think that what we have to think about, Mr. Reyes, 367 00:16:33,834 --> 00:16:38,133 is whether or not any of the conduct that you allege against this plaintiff, 368 00:16:38,200 --> 00:16:42,934 if true, would justify relieving you from your rental obligation. 369 00:16:43,000 --> 00:16:45,633 And, candidly, I'm not sure that I see that, 370 00:16:45,700 --> 00:16:49,066 nor am I sure I see any evidence of belittling. 371 00:16:49,133 --> 00:16:52,467 I see a plaintiff who wanted his rent money 372 00:16:52,533 --> 00:16:54,667 and was disappointed at not getting it. 373 00:16:54,734 --> 00:16:56,300 -I have nothing further, Judge. -[DiMango] I just have one question. 374 00:16:56,367 --> 00:16:58,533 You read the lease, correct, Mr. Reyes? 375 00:16:58,600 --> 00:17:00,200 Did you read the lease when you signed it? 376 00:17:00,333 --> 00:17:01,200 Yes, Your Honor. 377 00:17:01,266 --> 00:17:02,967 So, then you're familiar with paragraph twelve. 378 00:17:03,033 --> 00:17:05,867 Paragraph twelve in the lease says, "Damages and destruction. 379 00:17:05,934 --> 00:17:11,900 All persons signing this Agreement, as Residents are liable for all damages 380 00:17:11,967 --> 00:17:17,099 to the Premises caused by the Resident, their occupants and their guests." 381 00:17:17,165 --> 00:17:20,266 So, with regard to the window, if we find it credible 382 00:17:20,333 --> 00:17:22,567 that the glass that fell outside the window 383 00:17:22,633 --> 00:17:24,133 was caused by someone, something 384 00:17:24,200 --> 00:17:27,666 or maybe the rat trying to run away to get out the window, 385 00:17:27,733 --> 00:17:31,233 then maybe we can implore this paragraph twelve 386 00:17:31,300 --> 00:17:35,667 and say that you would be responsible and you knew it when you signed the lease. 387 00:17:35,734 --> 00:17:37,767 It was broken from the outside. Your Honor. 388 00:17:37,834 --> 00:17:40,633 Unless anybody has got anything further, we're going to retire to deliberate. 389 00:17:40,700 --> 00:17:42,266 -Thank you, all. -[Byrd] Court is in recess. 390 00:17:42,333 --> 00:17:43,400 Parties are excused. 391 00:17:46,667 --> 00:17:49,600 Okay. Well, I don't think the defendant presented any evidence 392 00:17:49,667 --> 00:17:52,166 which would excuse his failure to pay five months rent. 393 00:17:52,233 --> 00:17:55,834 After the COVID relief ended, any damages to the property, 394 00:17:55,900 --> 00:17:59,033 the broken window, I definitely believe was caused by the defendant, 395 00:17:59,100 --> 00:18:00,767 or someone within his apartment. 396 00:18:00,834 --> 00:18:01,800 And maybe if somebody was in there, 397 00:18:01,867 --> 00:18:03,633 he couldn't find them, so, he didn't know they were 398 00:18:03,700 --> 00:18:05,467 in the apartment trying to get out. 399 00:18:05,533 --> 00:18:08,066 Um, as to the $175 400 00:18:08,133 --> 00:18:10,467 for the carpet cleaning and any other cleaning, 401 00:18:10,533 --> 00:18:12,100 I mean, I think it was very reasonable 402 00:18:12,166 --> 00:18:14,734 for him to be requesting the money that he did, 403 00:18:14,800 --> 00:18:17,967 which would have been a hundred seventy five plus the broken window. 404 00:18:18,033 --> 00:18:20,166 He clearly owes the rent, so I think the plaintiff 405 00:18:20,233 --> 00:18:23,700 is clearly entitled to the money he's asking for, all $7,000. 406 00:18:23,767 --> 00:18:25,200 You know, what struck me 407 00:18:25,266 --> 00:18:28,467 is that we had this worldwide pandemic and people suffered 408 00:18:28,533 --> 00:18:31,700 and tenants in particular suffered. 409 00:18:31,767 --> 00:18:35,166 They lost their jobs. they were unable to pay their rent. 410 00:18:35,233 --> 00:18:38,600 But the government stepped in, and the government provided those tenants 411 00:18:38,667 --> 00:18:40,233 -with huge safety nets... -Mm-hmm. 412 00:18:40,300 --> 00:18:41,734 ...that would have allowed them 413 00:18:41,800 --> 00:18:45,200 to continue paying rent, even though the plaintiff today 414 00:18:45,266 --> 00:18:47,700 was quite honest and said that he didn't suffer anything financially, 415 00:18:47,767 --> 00:18:49,300 and I took that to mean he didn't have a mortgage, 416 00:18:49,367 --> 00:18:51,533 that he was going to be unable to pay for 417 00:18:51,600 --> 00:18:54,467 as a result of the defendant's failure to pay his rent. 418 00:18:54,533 --> 00:18:56,533 So, putting that aside, though, 419 00:18:56,600 --> 00:18:59,166 that you have this huge safety net that the government offers 420 00:18:59,233 --> 00:19:04,533 and the defendant couldn't find the time to just fill out the paperwork. 421 00:19:04,600 --> 00:19:08,633 We have a plaintiff, who testified, credibly, 422 00:19:08,700 --> 00:19:10,734 that he filled it out four times. 423 00:19:10,800 --> 00:19:13,066 He was assisting. He was going out of his way 424 00:19:13,133 --> 00:19:15,867 to help the defendant fill out that paperwork, 425 00:19:15,934 --> 00:19:19,033 but when you can't even take the time to fill out a piece of paper 426 00:19:19,100 --> 00:19:23,567 and send it back, and say to yourself, you know, it's not my problem. 427 00:19:23,633 --> 00:19:25,767 Well, as he now knows, it is your problem. 428 00:19:25,834 --> 00:19:29,667 He had himself a decent setup. Right? He's in this place for five years. 429 00:19:29,734 --> 00:19:32,800 No one's really bugging him about the inside of his apartment. 430 00:19:32,867 --> 00:19:35,266 He's got these little things going on with the landlord, 431 00:19:35,333 --> 00:19:37,100 but for the most part, he's living his life. 432 00:19:37,166 --> 00:19:39,000 He is on notice 433 00:19:39,066 --> 00:19:42,967 that the landlord would be just as happy if he weren't there. 434 00:19:43,033 --> 00:19:47,433 The writing is on the wall and that writing is, "Hey, if you're out, 435 00:19:47,500 --> 00:19:49,967 I'm going to be able to rent this at market rate." 436 00:19:50,033 --> 00:19:53,400 You should at least fill out the paperwork, and he didn't do it. 437 00:19:53,467 --> 00:19:55,567 I-- I just don't have sympathy for him 438 00:19:55,633 --> 00:19:57,200 and the plaintiff is entitled to his money. 439 00:19:57,266 --> 00:20:01,000 I think that the defendant really wants this court case 440 00:20:01,066 --> 00:20:03,433 to solve a bunch of problems that it can't. 441 00:20:03,500 --> 00:20:07,000 He doesn't like the fact that his rent goes up, but that's what happens. 442 00:20:07,066 --> 00:20:09,000 Landlords make investments in buildings. 443 00:20:09,066 --> 00:20:11,700 They're entitled to raise rent. They're entitled to make a profit. 444 00:20:11,767 --> 00:20:15,433 The defendant, like many people, fell on hard times. 445 00:20:15,500 --> 00:20:17,166 He couldn't pay the rent 446 00:20:17,233 --> 00:20:20,800 and didn't do what he needed to to get the extra help that he needed. 447 00:20:20,867 --> 00:20:24,133 It's a sad case, but the plaintiff just did nothing wrong 448 00:20:24,200 --> 00:20:26,000 and I think he's entitled to every dime. 449 00:20:26,066 --> 00:20:28,467 So, yes, we'll give him everything he's asking for. 450 00:20:28,533 --> 00:20:29,967 -Great. -Thank you. 451 00:20:33,433 --> 00:20:34,667 [Byrd] Court is back in session. 452 00:20:34,734 --> 00:20:36,500 Parties are reminded you're still under oath. 453 00:20:36,567 --> 00:20:38,100 -[DiMango] Thank you, Byrd. -You're welcome, Judge. 454 00:20:38,166 --> 00:20:39,834 Nobody here is a bad person. 455 00:20:39,900 --> 00:20:43,767 Nobody here has done something intentionally to hurt somebody else. 456 00:20:43,834 --> 00:20:45,500 But the bottom line is here 457 00:20:45,567 --> 00:20:48,200 there is a right and wrong, and there is a just result 458 00:20:48,266 --> 00:20:51,233 that the evidence speaks to and screams out for. 459 00:20:51,300 --> 00:20:55,800 And, sir, we unanimously believe that that evidence screams out in your favor. 460 00:20:55,867 --> 00:20:59,500 You have done nothing here to warrant nonpayment of rent. 461 00:20:59,567 --> 00:21:01,767 And you are entitled to your rent. 462 00:21:01,834 --> 00:21:04,633 And with regard to the way you were living, 463 00:21:04,700 --> 00:21:07,567 it's true he let you live in the way you wanted to live. 464 00:21:07,633 --> 00:21:09,767 And I kind of think in looking at those photographs, 465 00:21:09,834 --> 00:21:13,400 that even if he gave you 124-hours notice, 466 00:21:13,467 --> 00:21:16,400 you were not going to be able to clean up that mess. 467 00:21:16,467 --> 00:21:19,400 So, we found, sir, that there was nothing you did. 468 00:21:19,467 --> 00:21:22,734 that would not warrant you getting every penny that you've asked for. 469 00:21:22,800 --> 00:21:26,300 So, the verdict is in your favor, unanimously, for $7,000. 470 00:21:26,367 --> 00:21:27,467 -[Minnich] Thank you. -You're welcome. 471 00:21:27,533 --> 00:21:28,834 [Byrd] This case is concluded. 472 00:21:28,900 --> 00:21:31,133 Parties are excused. You may step out. 473 00:21:31,200 --> 00:21:33,400 [theme music playing] 474 00:21:35,433 --> 00:21:37,967 We're probably both right and wrong in certain ways. 475 00:21:38,033 --> 00:21:39,300 I think justice was served. 476 00:21:39,367 --> 00:21:41,000 I'm glad-- I'm glad it's done and behind us. 477 00:21:41,066 --> 00:21:43,867 Yeah, it could have been settled outside the courtroom. 478 00:21:43,934 --> 00:21:47,433 I just felt kind of uncomfortable with some of the situations 479 00:21:47,500 --> 00:21:51,133 on a broken window and then the rat are found inside of the apartment. 480 00:21:51,200 --> 00:21:53,166 I always try to work with my tenants as much as possible. 481 00:21:53,233 --> 00:21:55,166 I learned a lot from this situation, 482 00:21:55,233 --> 00:21:57,667 how to make myself a little bit more organized. 483 00:21:57,734 --> 00:22:00,734 He just wanted to lie and string me along for as long as he can, 484 00:22:00,800 --> 00:22:04,166 and when the excuses ran out, he was trying to ditch out. 485 00:22:04,233 --> 00:22:06,000 [announcer] Does someone owe you money? 486 00:22:06,900 --> 00:22:10,066 Let Tribunal Justice decide your case. 487 00:22:10,133 --> 00:22:13,000 Find us on social media at Tribunal Justice. 488 00:22:13,066 --> 00:22:16,100 [end theme music plays]