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The condition of this home is appalling.

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[narrator]
Today, on Tribunal Justice...

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And what is that hole?

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That's the hole in the bathroom.
And look at the conversations about

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when you gonna fix up?
When you gonna fix this up?

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He'll never come.

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I want to know how you rented a death-trap
to these people with children.

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You just didn't care.

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[theme music playing]

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[narrator] This case was filed
in Minneapolis, Minnesota.

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Your Honor, this is case #1133
on the calendar

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in the matter of Mohn vs. Dotson.

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Parties have been sworn in.
You may be seated.

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[DiMango]
Thank you, Byrd. Mr. Mohn,

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the Defendant has been living
in your premises, now,

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it's a three-bedroom rental,
since November first, 2020,

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paying $1,100 a month rent up until May,

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and that was with the help
of COVID assistance as well.

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From June on,
she has not paid any rent and,

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according to you,
is currently still living there.

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You're here suing for the money
that you say she owes you

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for back rent and for back utilities.
That total being $9,594.

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Ms. Dotson, what you say is
that the place was virtually a death-trap,

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and he orally agreed
that you could pay your rent late.

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There was no toilet or tub
on the first floor,

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and you and your children had to shower
in the basement

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and use the basement bathroom.
Was there a full bathroom in the basement?

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-No. No.
-[DiMango] Was there a toilet?

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Well, where did you guys
go to the bathroom?

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Um, it was a bucket.

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[Steven]
That is absolutely not true and...

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[DiMango]
Let me stop you a second.

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Do you have a photograph of that? There's
nothing in the papers that show that.

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No.

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About a month later, you say that there
were holes in the bathroom floor upstairs

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and you had to put a carpet over it
so the kids wouldn't fall through.

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And you spent your own money
getting covers for the vents

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-that were in the bathroom as well.
-Correct.

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[DiMango]
And he never came back to fix it.

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And now that he's evicted you,
you have nowhere to go.

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-So, you don't owe him anything.
-Correct.

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Do you have photographs of your apartment
when she moved in?

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Do we have that, sir?

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I did not take photos prior to them
moving in. Everything was up to code.

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Had the building inspector, in fact,
I was supposed to have an inspection

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and we were refused entry.

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When were you refused entry?

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October 20th at 11:30 A.M.

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Did the inspectors come to your door
on October 20th?

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'Cause he has documentation
to that effect, he's saying.

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Uh, yes, they did.

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-And did you let them in?
-No.

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-Why not?
-It wasn't correct.

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He didn't... We didn't...
It was off guard.

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In other words, what you're saying is
we didn't have a chance to clean up

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-before he came.
-[Nicole] No, we didn't know who he was.

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He didn't have no card.
The clipboard was a piece of paper,

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so we didn't know who you are.

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A city inspector came by
with no identification?

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No identification.

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-[DiMango] Were you there?
-I was there.

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He picked him up.

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[DiMango]
You were there?

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I was there. I did not pick him up,
I met with him.

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I actually stood outside and talked with
Kenny Simmons, Nicole's boyfriend.

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You knew the Plaintiff, is that correct?

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And you would've had to have an inspection
at some point, if you had to leave.

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So, I'm not sure why
you weren't letting him in.

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We just didn't know who he was...

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-[DiMango] You don't know who he is?
-Yes, we know.

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He didn't say he wanted to come in.

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But he was there with somebody.
He wasn't a total stranger.

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So, you just didn't let him in. Okay.

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She's saying there were holes
in the floor. Do you have photographs...

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-Yes, I do.
-Do we have them?

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Because the other thing that troubles me
is when you have a tenant,

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under any circumstances, you need
to have pictures of when they move in.

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Because I know it's nice that you say,
yes, everything was up to code and great,

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but we don't necessarily have
pictures of that.

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Understood.

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So, where are your photographs of
the apartment floor with the holes in it?

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Before we moved in, we helped him
clean the walls,

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we helped him pick up mice poop
all over the place.

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We helped him clean that house up
before we even moved in.

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-[DiMango] Is that true, sir?
-Come on, don't lie.

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The clean up was, absolutely,
we cleaned it up.

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We scrubbed the walls,
we painted everything, recarpeted,

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and again...

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There is evidence of recarpeting
in the lease that you signed, ma'am,

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that there was carpeting that was done
throughout the house. Do you agree?

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Yes, the carpet was done, yes.

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So, at the time there was carpeting
put in,

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did you make mention of these holes in the
floor or were they not there at the time?

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No, they was there. He know it was there.

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'Cause your papers say that you didn't
notify him about the holes in the wall

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until you were living there a month.

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He said he was gonna fix it all.

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When you moved in, you moved in knowing
that there were all of these defects.

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No bathroom upstairs.
What is it you want to say?

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Stand up. What's your name?

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Kenneth Simmons. I'm the one...
Kenneth Simmons.

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The bathroom had no tile, no carpet,
no nothing,

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that's what the difference was.

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[DiMango]
What was the bathroom floor made of?

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-Wood.
-Is this the bathroom floor?

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-[Nicole] Yes, that's the bathroom.
-That looks like tile.

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That's the subfloor prior
to floor being put in.

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So, if that's wood and
that's the subfloor,

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when did you actually put the floor
on top of that?

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-Never.
-[Steven] There are rugs on top of it.

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-We were going to put...
-That we put.

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She put the rugs on top.
That's what she said in the papers.

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There are rugs on top,
but there are no holes in that floor.

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I mean, you're renting property

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-[Steven] Understood.
-that is below par.

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Is your rent being subsidized in any way?

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No, it's not.

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[DiMango] So, you're paying full rent
up until the end of May.

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You get COVID assistance for a few months
before you stop paying rent.

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-Yes.
-[DiMango] Do you have any text messages

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where you're telling him,
come in and fix this, come in and do this?

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'Cause I didn't see any correspondence
between the two of you

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And I do see that you
were paying your rent.

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So, that kind of refutes the whole
notion that the place was untenable.

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-Mm-hmm, okay.
-[DiMango] So, if all these problems

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pre-existed June, why in June
did you stop paying rent?

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I was just really fed up with it.
It was a lot of verbal back and forth

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when he'll come over, but...

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[DiMango] So, why aren't you leaving?
He's not gonna fix it,

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'cause why would he fix it at this point
if you're just staying in there

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and you're not paying any rent.
It's like a stalemate here.

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What other photographs do you have

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to demonstrate the apartment
was unlivable?

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[Nicole]
No cabinet doors...

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Oh, I saw that. No cabinet doors
in the photographs.

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Do we have that up on the screen?

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First of all, that's the kitchen
with no cabinet doors.

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Now, you can't tell me that they
took those doors off.

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No, those were not done.
We're in the...

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We're in the process for two years.

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I don't know who you hired to do the work,
but I wouldn't go with him anymore

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if it's taken him two years
to put a door on.

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-And what is that hole?
-That's the hole in the bathroom.

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[Steven] The vent was taken off the wall
because there is a vent for that.

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-[DiMango] There's a hole.
-My two and three year old would...

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Would fall right through that.

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There's a vent that was screwed on there,
so that was pulled off.

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If you don't have photographs
of what it looked like before,

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you can't stand up there and say
they did that.

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[theme music playing]

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[narrator]
Coming up on Tribunal Justice...

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I mean, are you kidding me?!
That's the way you left the bathroom?!

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You know what would happen
if her kids fell through that hole?

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-down to the, where, basement?
-Mm-hmm.

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She'd own your home.
And I'd gladly give it to her.

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[theme music playing]

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[narrator] Steven Mohn
is suing his tenant, Nicole Dotson

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for unpaid rent and utility bills.
Nicole says the home is unsafe

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and Steven refuses to fix
dangerous problems in the home.

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Now, you've gotta be out January 31st.

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Right. Find housing.

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[DiMango]
You haven't looked?

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Yeah, I have looked. Yes.

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I would expect that...
you have three kids.

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We're in the process
of having another place.

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[DiMango]
What does that mean, "in the process"?

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You know, you've gotta take action
for your own life.

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-You have to do that.
-Correct. Yes.

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You've gotta be on it,
you've gotta be looking.

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-You don't have much time. Judge Levy?
-Right.

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[Levy] Thank you.
Could we put up photograph number one?

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So, I'm going to ask you, Mr. Mohn,
when you rented them,

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in 2020, this home, was that the way
the bathroom looked, just with a subfloor?

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[Steven]
Yes.

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[Levy] That can't possibly be a bathtub
right next to it, could it?

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It is. It was a brand new installed tub.
And I had to put the wall kit in

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and cut that in for the window.

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Wow. Describe for me the house
you live in.

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In a home. It is finished.

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[Levy] Finished?
How many square feet is that home?

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About 3,400 square feet.

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How many bedrooms does that
3,400 square foot home...

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-It's four bedrooms.
-How many bathrooms?

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There's be two and a half.

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Are any of your bathrooms' floor bare
down to the subfloor?

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00:08:23,066 --> 00:08:24,767
-No, they're not.
-Why not?

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We're not in the process of prepping them.
I do have some tiles that...

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First, I want you to stop saying that
we're not in the process of prepping it

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because that was over two years ago.
All right, so, just stop it.

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The reason that you don't have
a subfloor in your bathroom

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when you get in and out of the shower
is because... Why, Ms. Dotson?

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What happens when you walk out of
the shower and you walk onto a subfloor?

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-Splinters. Uh-huh.
-[Levy] Splinters!

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Splinters. You just didn't care.
You saw a mother with three children

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who you knew was somewhat desperate
and would rent your place

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despite it looking like that. Right?

197
00:09:00,200 --> 00:09:04,400
I did not look at any desperation
in the situation, no.

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00:09:04,467 --> 00:09:06,667
But most certainly,
you didn't say to yourself,

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00:09:06,734 --> 00:09:09,800
no one should have to walk out of a tub
and onto a wooden...

200
00:09:09,867 --> 00:09:14,233
I'm not even talking plywood.
Plywood would've been better.

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-Right?
-Yes.

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00:09:15,567 --> 00:09:17,934
-[Levy] Why?
-So I wouldn't have splinters.

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00:09:18,000 --> 00:09:21,600
'Cause you wouldn't have splinters!
I mean, are you kidding me?!

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That's the way you left the bathroom.

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'Cause he knew you were desperate.

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00:09:26,500 --> 00:09:28,166
-I...
-[Levy] He knew.

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00:09:29,600 --> 00:09:32,967
Can we go to picture five, please?
Ms. Dotson, where is that?

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[Nicole]
That's in the bathroom.

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00:09:34,567 --> 00:09:35,900
[Levy]
I see carpeting in there.

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00:09:35,967 --> 00:09:39,600
Yeah, we put that down 'cause my kids
kept getting splinters. I kept...

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00:09:39,667 --> 00:09:43,900
[Levy] I get that. How large is that hole?
I can't really tell from here.

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00:09:43,967 --> 00:09:46,033
Is it bigger or smaller than
this piece of paper?

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00:09:46,100 --> 00:09:47,533
Bigger, yes.

214
00:09:47,600 --> 00:09:50,165
Is it big enough that your children
could fall down it?

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00:09:50,233 --> 00:09:51,533
Yes. We watch them.

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00:09:51,600 --> 00:09:54,600
-You like your 3,400 square foot home?
-Yes.

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00:09:54,667 --> 00:09:57,800
You know what would happen
if her kids fell through that hole

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00:09:57,867 --> 00:10:00,166
-down to the, where, basement?
-Mm-hmm, yep.

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00:10:00,233 --> 00:10:03,400
She'd own your home.
And I'd gladly give it to her.

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00:10:03,467 --> 00:10:05,934
There was a vent there,
they've taken it off.

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00:10:06,000 --> 00:10:09,100
All right, Mr. Mohn, why don't you tell me
why a mother of three,

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00:10:09,166 --> 00:10:14,233
who's life is focused on keeping her kids
safe and secure,

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00:10:14,300 --> 00:10:17,734
would take off a grill and
create a dangerous condition?

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00:10:17,800 --> 00:10:19,567
For the sake of a show, possibly?

225
00:10:19,633 --> 00:10:24,700
Really? Do we have a photograph
of holes in the floor of the bathroom?

226
00:10:25,233 --> 00:10:29,500
No. No, we don't. No, we don't.
So, if what she wanted to do

227
00:10:29,567 --> 00:10:33,266
was to make herself look good,
then she could have, very easily...

228
00:10:33,333 --> 00:10:36,967
Ms. Dotson, you could've punched holes
in that subfloor.

229
00:10:37,033 --> 00:10:38,567
-Yeah. No, mm-mm.
-But you didn't.

230
00:10:38,633 --> 00:10:40,165
There goes that argument.

231
00:10:41,433 --> 00:10:45,000
Now, you have subfloors,
dangerous condition.

232
00:10:45,066 --> 00:10:48,667
You got holes where the kids
could fall down to the basement;

233
00:10:48,734 --> 00:10:52,767
dangerous condition. And that's
the way it was when you moved in?

234
00:10:52,834 --> 00:10:57,165
'Cause he knew you were desperate,
and you had nowhere else to go.

235
00:10:57,233 --> 00:10:58,433
I really didn't.

236
00:10:58,500 --> 00:10:59,800
[Levy]
Picture six, please.

237
00:10:59,867 --> 00:11:02,367
What is that and where is that?

238
00:11:02,433 --> 00:11:04,333
-[Nicole] In the basement.
-[Levy] Basement.

239
00:11:04,400 --> 00:11:06,633
[Nicole] Yes.
When you're going down the stairs.

240
00:11:06,700 --> 00:11:09,834
-[Levy] Okay. And those exposed wires?
-Yeah.

241
00:11:09,900 --> 00:11:11,934
Do you know whether that's
a hot outlet or not?

242
00:11:12,000 --> 00:11:13,133
I don't know what... no.

243
00:11:13,200 --> 00:11:15,300
You don't know if electricity
is going through that?

244
00:11:15,367 --> 00:11:16,800
-No.
-What about you, Mr. Mohn?

245
00:11:16,867 --> 00:11:19,567
You said something before
about an inspector coming to the house.

246
00:11:19,633 --> 00:11:21,800
So, the inspector would've seen
the subfloor.

247
00:11:21,867 --> 00:11:24,367
The inspector would've seen that hole
in the bathroom.

248
00:11:24,433 --> 00:11:27,934
The inspector would've seen
this code violation of exposed wires.

249
00:11:28,000 --> 00:11:28,934
Correct.

250
00:11:29,000 --> 00:11:32,967
And did you have to get a form filled out
from him in order to rent it to someone?

251
00:11:33,033 --> 00:11:33,934
Yes, I did.

252
00:11:34,000 --> 00:11:36,000
Was it a formal document
that you got from them?

253
00:11:36,066 --> 00:11:38,233
Yes. They were in there
prior to their arrival,

254
00:11:38,300 --> 00:11:40,400
but not as of that month
when they got...

255
00:11:40,467 --> 00:11:43,200
-[Levy] I get it.
-And that scheduled inspection

256
00:11:43,266 --> 00:11:44,967
was to take place in October.

257
00:11:45,033 --> 00:11:50,165
Listen, I don't give a darn
about a missed inspection

258
00:11:50,233 --> 00:11:55,467
in October of '22. I want to know
how you rented a death-trap

259
00:11:55,533 --> 00:11:58,000
to these people with children.

260
00:11:58,066 --> 00:12:03,166
Ha! You're on notice. So, in other words,
let me put it a way you might understand.

261
00:12:03,233 --> 00:12:06,000
This was your place.
You clearly knew what it looked like

262
00:12:06,066 --> 00:12:09,000
before you rented to your tenant
and you knew that they had children.

263
00:12:09,066 --> 00:12:12,600
And you knew that the conditions existed
the way they did

264
00:12:12,667 --> 00:12:17,834
that could create harm to her children.
So, you knew that there was a condition,

265
00:12:17,900 --> 00:12:22,266
you disregarded that condition
by not fixing it before they moved in,

266
00:12:22,333 --> 00:12:26,266
so you knowingly created
a dangerous condition,

267
00:12:26,333 --> 00:12:29,834
that should something have happened,
that's negligent.

268
00:12:29,900 --> 00:12:34,500
Not just civil, criminal liability.
Reckless assault, absolutely.

269
00:12:34,567 --> 00:12:38,767
Like someone who builds a wall,
a high wall, without putting in rebar,

270
00:12:38,834 --> 00:12:42,400
and the wall falls down on someone.
You hear about those cases?

271
00:12:42,467 --> 00:12:46,867
Right. They get prosecuted for doing that.
No different than what you did here.

272
00:12:46,934 --> 00:12:49,100
Just by doing nothing.
Let's take a look,

273
00:12:49,165 --> 00:12:51,533
I think we also have a video
of the basement, don't we?

274
00:12:51,600 --> 00:12:52,533
[Nicole]
Yes.

275
00:12:52,600 --> 00:12:55,165
Let's take a look at that, please, then
I'll pass it over to Judge Acker.

276
00:12:55,233 --> 00:12:58,800
This is the dirt under the living room
floor that's in the basement.

277
00:12:58,867 --> 00:13:01,533
[Levy] So, there's a portion
of the basement that's dug out

278
00:13:01,600 --> 00:13:03,967
and there's a portion that's finished.
Somewhat finished.

279
00:13:04,033 --> 00:13:06,400
And what were you trying to show us
with that video?

280
00:13:06,467 --> 00:13:08,266
Just the dirt in the unfinished in...

281
00:13:08,333 --> 00:13:11,700
A lot of places have dirt.
That's not unusual.

282
00:13:11,767 --> 00:13:15,700
Yeah, but you see the street, like...
That light back there, that's the street.

283
00:13:15,767 --> 00:13:18,200
So, are you saying that this area
back here...

284
00:13:18,266 --> 00:13:19,700
[Kenneth]
Yeah, that's the street.

285
00:13:19,767 --> 00:13:21,200
So you can see right through it.

286
00:13:21,266 --> 00:13:23,433
[Kenneth] Yeah,
that's how mice and centipedes...

287
00:13:23,500 --> 00:13:26,700
-[Levy] How old's the house?
-Oh, it's late 1800s.

288
00:13:26,767 --> 00:13:29,066
That right there,
I've lived in houses like that.

289
00:13:29,133 --> 00:13:31,533
-[Kenneth] Yeah.
-Not unusual. That's okay though.

290
00:13:31,600 --> 00:13:34,333
What else is the reason
you're showing us that video, sir?

291
00:13:34,400 --> 00:13:39,100
Just the breathing quality. That's why
we think my daughter coughs and...

292
00:13:39,165 --> 00:13:42,400
just has a breathing problem.
Just 'cause the air that's coming through.

293
00:13:42,467 --> 00:13:46,600
[Levy] For you to make that argument,
we gotta go back to photo six, please.

294
00:13:46,667 --> 00:13:49,066
All right, Mr. Mohn,
you see what I just circled?

295
00:13:49,133 --> 00:13:52,100
[Steven]
That is a fresh air return.

296
00:13:52,165 --> 00:13:53,834
[Levy]
That's a fresh air return?

297
00:13:53,900 --> 00:13:55,233
I believe it is.

298
00:13:55,300 --> 00:13:59,567
So, whatever's in the basement is
going up through that tube into the house.

299
00:14:00,800 --> 00:14:01,900
[theme music playing]

300
00:14:01,967 --> 00:14:04,433
[narrator]
Coming up on Tribunal Justice...

301
00:14:04,500 --> 00:14:07,133
Why is it that you think
that it would be appropriate

302
00:14:07,200 --> 00:14:11,900
for two human beings to live in a place
where they've got a bare floor.

303
00:14:11,967 --> 00:14:13,834
You're collecting $1,100 a month.

304
00:14:13,900 --> 00:14:18,133
Did you think that this was just
good enough for them? I mean, seriously.

305
00:14:22,934 --> 00:14:24,834
[theme music playing]

306
00:14:25,800 --> 00:14:29,367
According to you, sir, when I'm reading
your complaint, you say that

307
00:14:29,433 --> 00:14:32,834
the basement was cluttered
with baby items, swings, cribs, clothes,

308
00:14:32,900 --> 00:14:34,633
and you considered it a fire hazard.

309
00:14:34,700 --> 00:14:36,533
That's not in the dirt...

310
00:14:36,600 --> 00:14:39,600
[Levy] I know, but that's what you said
about the other part of the basement.

311
00:14:39,667 --> 00:14:41,066
-Correct.
-What about that debris?

312
00:14:41,133 --> 00:14:44,100
What about that wood?
Or what about the cardboard,

313
00:14:44,165 --> 00:14:47,433
the more flammable cardboard? You don't
consider that a fire hazard, sir?

314
00:14:47,500 --> 00:14:49,233
I got nothing further. Judge Acker?

315
00:14:49,300 --> 00:14:52,133
[Acker] Thank you, Judge. I just
want to be clear about the timeline.

316
00:14:52,200 --> 00:14:54,900
You originally moved in
in November of 2020.

317
00:14:54,967 --> 00:14:57,633
-Correct. Yes.
-[Acker] You paid rent for a year.

318
00:14:57,700 --> 00:14:59,700
After that, you got some COVID assistance.

319
00:14:59,767 --> 00:15:00,767
[Nicole]
Yes.

320
00:15:00,834 --> 00:15:04,667
Why is there not more evidence of
your reaching out to him during that year

321
00:15:04,734 --> 00:15:07,900
and saying there are holes in the wall,
there's a hole on the floor.

322
00:15:07,967 --> 00:15:09,834
Why is there not more evidence of that?

323
00:15:09,900 --> 00:15:11,200
I just didn't present it.

324
00:15:11,266 --> 00:15:13,333
I think that these
are horrible conditions,

325
00:15:13,400 --> 00:15:15,467
-but I didn't see the whole house.
-Right.

326
00:15:15,533 --> 00:15:18,900
I think you paid rent there for a year
and you fell on hard times.

327
00:15:18,967 --> 00:15:22,767
I don't think that you stopped paying rent
because you all of a sudden noticed

328
00:15:22,834 --> 00:15:26,567
these conditions.
I'm just at a loss to understand

329
00:15:26,633 --> 00:15:29,500
why it is there's not more of a record

330
00:15:29,567 --> 00:15:32,400
of your bringing these conditions
to his attention.

331
00:15:32,467 --> 00:15:37,567
Sometimes people stay in places that have
a whole lot of things wrong with them,

332
00:15:37,633 --> 00:15:40,934
but if they stay, then
they're getting some value.

333
00:15:41,000 --> 00:15:45,567
Right. It was a lot of verbal, verbal
talking. Like times where he'll come over

334
00:15:45,633 --> 00:15:48,600
and, you know, just like talking about
the lawn and stuff.

335
00:15:48,667 --> 00:15:52,000
And then we'll get the conversations
about, when you gonna fix this up

336
00:15:52,066 --> 00:15:56,133
And it would be, oh, I'm gonna do it,
I'll come next week then he'll never come.

337
00:15:56,200 --> 00:15:57,834
Then, you know, we made it liveable.

338
00:15:57,900 --> 00:16:01,567
What sort of work did you do on the house,
sir? You said you had to fix some things.

339
00:16:01,633 --> 00:16:07,500
I put the covers on the sockets.
I've fixed light fixtures. I've fixed...

340
00:16:07,567 --> 00:16:10,767
Did you ever give the Plaintiff any
receipts for money that you spent,

341
00:16:10,834 --> 00:16:11,767
or your labor?

342
00:16:11,834 --> 00:16:13,667
I never really, didn't really... Yeah...

343
00:16:13,734 --> 00:16:15,834
I was doing it for her,
I wasn't doing it for him.

344
00:16:15,900 --> 00:16:17,734
[Acker] You just did it on your own.
Mr. Mohn,

345
00:16:17,800 --> 00:16:20,834
when did you first become aware of
that hole in the wall?

346
00:16:20,900 --> 00:16:23,266
It has been there
since I've owned the property.

347
00:16:23,333 --> 00:16:25,867
It was a vent for the gravity furnace.

348
00:16:25,934 --> 00:16:29,834
So, it's your representation to the court
that when they moved in you put...

349
00:16:29,900 --> 00:16:32,600
-That vent was on there, yes.
-[Acker] Was covered.

350
00:16:32,667 --> 00:16:35,133
I mean, the condition of this home
is appalling.

351
00:16:35,200 --> 00:16:39,467
Why is it that you think that it would be
appropriate for two human beings

352
00:16:39,533 --> 00:16:42,667
to live in a place
where they've got a bare floor?

353
00:16:42,734 --> 00:16:44,367
You're collecting $1,100 a month.

354
00:16:44,433 --> 00:16:46,633
Did you think that this was
just good enough for them?

355
00:16:46,700 --> 00:16:47,633
No.

356
00:16:47,700 --> 00:16:50,533
I do believe that when you
have a roof over your head,

357
00:16:50,600 --> 00:16:52,767
you don't get it for free.
You're only leaving now

358
00:16:52,834 --> 00:16:55,834
'cause he went to court to get you out.
Why not more of an effort

359
00:16:55,900 --> 00:16:59,567
to either leave or rectify the situation
before he had to do that?

360
00:16:59,633 --> 00:17:02,333
Just hoping that he'll come and
fix everything that he said

361
00:17:02,400 --> 00:17:04,367
he was gonna do, that needs to be done.

362
00:17:04,433 --> 00:17:06,467
But at some point,
you know he's not gonna do that.

363
00:17:06,532 --> 00:17:10,433
And at some point, you also realize
that you can't just stay there for free.

364
00:17:10,500 --> 00:17:14,567
So, Mr. Mohn, why should I
rule in your favor at all,

365
00:17:14,633 --> 00:17:15,700
given what I just saw?

366
00:17:15,767 --> 00:17:19,400
Starting back when they first moved in,
COVID was not existent.

367
00:17:19,467 --> 00:17:22,834
COVID came into existence,
I had it myself.

368
00:17:22,900 --> 00:17:26,300
Neither of us wanted to be in contact
with each other with the COVID issue.

369
00:17:26,367 --> 00:17:29,367
And I understand this timeline
is extremely long,

370
00:17:29,433 --> 00:17:32,934
but I did not think that OSB
with the rugs on top

371
00:17:33,000 --> 00:17:36,834
was going to create issues
or hazards for anybody feet.

372
00:17:36,900 --> 00:17:38,166
But they put the rugs up.

373
00:17:38,233 --> 00:17:40,500
We had those put in there.
I had rugs in there.

374
00:17:40,567 --> 00:17:43,433
-[Acker] Do you have evidence or receipts?
-I don't have...

375
00:17:43,500 --> 00:17:46,100
-No, I don't have...
-[Acker] Do you have evidence or receipts?

376
00:17:46,166 --> 00:17:49,300
There were rugs that we had in there,
and if they've changed 'em...

377
00:17:49,367 --> 00:17:50,667
Okay, I'm good. Thank you.

378
00:17:50,734 --> 00:17:53,100
Judge, may I? Just real quick?
I'm sorry, Mr. Mohn,

379
00:17:53,166 --> 00:17:55,767
did you also do some contracting work
from time to time?

380
00:17:55,834 --> 00:17:57,567
As far as maintenance, yes.

381
00:17:57,633 --> 00:18:00,867
Yeah. So, for you to have put down

382
00:18:00,934 --> 00:18:06,600
a simple engineered, hardwood cheap floor
at a buck forty-nine from Home Depot,

383
00:18:06,667 --> 00:18:12,000
instead, at best, which I don't believe
quite frankly, you put a rug down.

384
00:18:12,066 --> 00:18:17,300
And what I believe happened, more likely,
is you left the subfloor the way it was

385
00:18:17,367 --> 00:18:22,533
despite the fact that you had the skill
and the ability to do something,

386
00:18:22,600 --> 00:18:26,133
not glamorous. We're not talking
Brazilian hardwood floor,

387
00:18:26,200 --> 00:18:29,900
we're talking a cheap floor that
wouldn't give this family splinters.

388
00:18:29,967 --> 00:18:33,400
That was your choice. With your knowledge
of how to actually do it.

389
00:18:33,467 --> 00:18:35,633
It would've taken you, what,
small bathroom,

390
00:18:35,700 --> 00:18:39,266
would take you like three hours,
four hours? Yeah, exactly.

391
00:18:39,333 --> 00:18:40,633
All right, that's it.

392
00:18:40,700 --> 00:18:42,166
Thank you, we're gonna retire
to deliberate.

393
00:18:42,233 --> 00:18:44,800
Court now stands in recess.
Parties are excused.

394
00:18:44,867 --> 00:18:47,033
[theme music playing]

395
00:18:47,100 --> 00:18:51,333
Everybody was benefitting in some way
from this tenancy.

396
00:18:51,400 --> 00:18:54,266
The Plaintiff was certainly benefitting
in that he was getting,

397
00:18:54,333 --> 00:18:57,300
at least most of the time,
some income from the property

398
00:18:57,367 --> 00:18:59,433
that he was not doing anything to.

399
00:18:59,500 --> 00:19:02,867
And of course, the Defendants
were keeping a home over their heads

400
00:19:02,934 --> 00:19:06,166
when they had no credit and
probably couldn't go anywhere else.

401
00:19:06,233 --> 00:19:09,033
So, it was a give and take.
The problem I have also

402
00:19:09,100 --> 00:19:12,633
is that there were no messages
between the Defendants and the Plaintiff

403
00:19:12,700 --> 00:19:16,800
to do repairs, and no effort
by the Plaintiff to do the repairs.

404
00:19:16,867 --> 00:19:20,633
So, in my view, I would give him
the utility money.

405
00:19:20,700 --> 00:19:23,567
And my question is
with regard to the rent.

406
00:19:23,633 --> 00:19:27,400
Is it worth splitting the rent,
or is what he did so egregious

407
00:19:27,467 --> 00:19:31,867
that he shouldn't get anything for it?
And that's where I'm on the fence.

408
00:19:31,934 --> 00:19:36,200
As the Plaintiff, he's the one
coming to us asking for relief.

409
00:19:36,266 --> 00:19:40,400
And Plaintiffs who come to us
with unclean hands,

410
00:19:40,467 --> 00:19:42,834
they have a real steep mountain to climb.

411
00:19:42,900 --> 00:19:45,900
I'm not saying that the Defendants
did not benefit, they clearly did.

412
00:19:45,967 --> 00:19:50,900
I don't see, myself, awarding him a nickel
for back rent.

413
00:19:50,967 --> 00:19:52,600
I agree with that.

414
00:19:52,667 --> 00:19:56,800
If it's a matter of paying the
utility bills, I'll go along with that.

415
00:19:56,867 --> 00:20:01,233
I struggle with that. I struggle
with denying him any rent relief

416
00:20:01,300 --> 00:20:06,333
because I'm not prepared to draw
such strong conclusions about him

417
00:20:06,400 --> 00:20:09,266
in the absence of any evidence
that she said come fix this.

418
00:20:09,333 --> 00:20:11,266
'Cause there are other text messages
from her.

419
00:20:11,333 --> 00:20:16,433
The other thing that persuades me slightly
is, I think he does have a good point

420
00:20:16,500 --> 00:20:19,433
about not coming in
during the moment of COVID,

421
00:20:19,500 --> 00:20:22,967
then like, trying to stay distanced.
I think that we're talking about

422
00:20:23,033 --> 00:20:28,166
a good amount of time where people were
keeping their distance from one another.

423
00:20:28,233 --> 00:20:30,433
Not as long as he suggests.

424
00:20:30,500 --> 00:20:34,066
I'm having a hard time denying
his rent claim in the entirety.

425
00:20:34,133 --> 00:20:37,500
I do want to give him something as well.
I understand the position you're in.

426
00:20:37,567 --> 00:20:40,033
That's why I think they should pay
the utility bills.

427
00:20:40,100 --> 00:20:42,867
But also, had they
put their money appropriately,

428
00:20:42,934 --> 00:20:46,300
they wouldn't have the late fees.
So, I would tack the $350 onto this

429
00:20:46,367 --> 00:20:49,166
and he would actually be entitled
to about, I don't know,

430
00:20:49,233 --> 00:20:53,467
it comes out to almost $1,900.
So, I kinda feel like that gives him

431
00:20:53,533 --> 00:20:56,300
a little bit of something
and kind of says to them,

432
00:20:56,367 --> 00:21:00,333
listen, we understand that you stayed
in a situation that wasn't quite safe.

433
00:21:00,400 --> 00:21:02,100
I'm with you. You got me, I'm with you.

434
00:21:02,166 --> 00:21:04,467
I would give him the $350 and
the $1,544.

435
00:21:04,533 --> 00:21:05,633
-Unanimous.
-Fair enough.

436
00:21:05,700 --> 00:21:06,600
-Okay?
-Very good.

437
00:21:09,233 --> 00:21:12,400
Court is back in session, parties
are remind you're still under oath.

438
00:21:12,467 --> 00:21:15,333
Thank you, Byrd.
This is a difficult case because

439
00:21:15,400 --> 00:21:19,600
each of you, in some way, benefitted
from the situation that you were in.

440
00:21:19,667 --> 00:21:23,400
And each of you could've done something
about your situation

441
00:21:23,467 --> 00:21:26,033
but kind of let it be the way it was.

442
00:21:26,100 --> 00:21:28,667
We all felt that,
based on the evidence here, sir,

443
00:21:28,734 --> 00:21:32,100
that you were the one that
had the primary obligation to go in

444
00:21:32,166 --> 00:21:35,266
and take care of the things
that needed to be taken care of.

445
00:21:35,333 --> 00:21:38,333
But you on the other hand,
this is for a future lesson, ma'am,

446
00:21:38,400 --> 00:21:41,633
you have to communicate.
There was no communication here.

447
00:21:41,700 --> 00:21:44,834
The lease was clear. If you had issues,
you had to do it in writing.

448
00:21:44,900 --> 00:21:47,667
And there were no communications
by you to the Defendant.

449
00:21:47,734 --> 00:21:51,166
So, what we did is we looked at this
as follows:

450
00:21:51,233 --> 00:21:52,900
You were in the premises.

451
00:21:52,967 --> 00:21:57,934
You had back bills of $1,544, I believe,

452
00:21:58,000 --> 00:22:00,400
for the unpaid utility bills.

453
00:22:00,467 --> 00:22:05,033
And you also had all of these
accrued late fees of $350.

454
00:22:05,100 --> 00:22:09,934
So, between the two, that comes out
to $1,900, which we've agreed, sir,

455
00:22:10,000 --> 00:22:13,367
that you would be entitled to.
We're not gonna give you any of the rent,

456
00:22:13,433 --> 00:22:16,800
and believe me, we debated whether or not
there should be a proportionment

457
00:22:16,867 --> 00:22:20,166
of how much rent was due and owing you.
But in part,

458
00:22:20,233 --> 00:22:22,567
we want to send a message as well.

459
00:22:22,633 --> 00:22:28,400
You can't jeopardize the safety and
the health of people living in your home.

460
00:22:28,467 --> 00:22:34,166
You just can't do that. It's not right,
it's not proper, it's just wrong.

461
00:22:34,233 --> 00:22:37,967
And you know, for the lack of calling you
a slum lord, we could do that,

462
00:22:38,033 --> 00:22:41,467
but we're not going to because
we feel as though there were things

463
00:22:41,533 --> 00:22:44,867
that you both were deficient in
in this particular case.

464
00:22:44,934 --> 00:22:48,500
And so, you're awarded $1,900.
And with that,

465
00:22:48,567 --> 00:22:53,734
we hope you fix the subflooring,
cover up the hole, put cabinet doors on,

466
00:22:53,800 --> 00:22:56,734
and make the property really rentable
for someone else.

467
00:22:56,800 --> 00:22:59,834
And as for you, ma'am, with
your three children, you're working hard.

468
00:22:59,900 --> 00:23:04,133
You have the help of a boyfriend who
seems to care about you and your family.

469
00:23:04,200 --> 00:23:07,633
I think you really better get on this.
You've gotta get out,

470
00:23:07,700 --> 00:23:11,033
you have a court order to get out.
You walked away from this at this point,

471
00:23:11,100 --> 00:23:14,033
without incurring
any additional penalties.

472
00:23:14,100 --> 00:23:17,867
Do yourself a favor and find a home
that's workable

473
00:23:17,934 --> 00:23:19,834
for you and your family and safe.

474
00:23:19,900 --> 00:23:22,900
And that is the unanimous verdict
of the court. Thank you all.

475
00:23:22,967 --> 00:23:26,967
[Byrd] This case is concluded.
Parties are excused, you may step out.

476
00:23:29,900 --> 00:23:31,600
[theme music playing]

477
00:23:31,667 --> 00:23:32,700
He is a slum lord.

478
00:23:32,767 --> 00:23:36,400
There were issues. The bathroom
was the key focal point of this one.

479
00:23:36,467 --> 00:23:37,734
Fix the stuff in the house.

480
00:23:37,800 --> 00:23:41,834
I'll work on this place to be a better
place for somebody else.

481
00:23:41,900 --> 00:23:47,600
[narrator] Are you a victim of an assault?
Let Tribunal Justice decide your case.

482
00:23:47,667 --> 00:23:50,667
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483
00:23:50,734 --> 00:23:52,834
[theme music playing]