You're suing for breach of contract.
She needed a place to live. I really trusted her.
Why aren't you paying them anything? You made an agreement.
It was more Nathan making me sign this document.
They said, we'll take your oldest born child if you don't sign this?
No. It was him telling me what to write in the kitchen.
And I was like, okay, whatever.
You're now simply just trying to wing it. Good attempt, but it doesn't help you.
[narrator] Now on Tribunal Justice.
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[narrator] Today's case was filed in Tooele, Utah.
Your Honor, this is case number 3015, Faucheux versus Fredrickson.
All parties have been sworn in. You may be seated.
[Levy] Thank you.
Okay. Mr. and Mrs. Faucheux, you're the Plaintiffs in this case.
And you're suing Mrs. Faucheux's former co-worker
for breach of contract.
And you're seeking $5,000 in damages.
Yes, sir.
[Levy] According to the defendant, ma'am,
your answer says that you admit to signing a contract
obligating you to pay them $5,000.
You claim that you all signed a subsequent contract
that voided the terms of the first.
-Correct. -[Levy] Okay.
So, Mr. and Mrs. Faucheux, why don't you tell us
how you know the defendant
and how you got into the position that you are in today.
I met Kristina, I worked at a third-party DMV in Utah.
Um, I met Kristina through there.
She worked at a dealership that often worked through us.
We became acquaintances.
I wouldn't really say we were friends, but we were friendly with each other.
Um, at one point, she had come to my house.
I did her nails because I do nails as a hobby.
And we kinda spoke about how we were looking to move.
My husband was gonna take a job in Texas and...
[Levy] Let me stop you right there for a moment.
How many times did the defendant come to your home in total?
Um, once.
-[Levy] Is that correct, ma'am? -No.
-[Levy] Okay. Tell me... -I would say a couple times.
-A couple of times. -[Kristina] Correct.
Describe the house when you went over there.
-Fine. -[Levy] Yeah. Looked good?
-Yeah. -[Levy] They kept a clean home?
-Yes. -Nothing unusual about it?
-No. -[Levy] Nothing that caused any concern?
-No. -[Levy] Okay.
Now I'm gonna direct your attention, Mrs. Faucheux, to August eighth, 2023.
Why don't you tell us what happened.
Um, so, we had talked with his parents.
His parents were gonna help us move to Texas
because, um, he was gonna work for his father.
[Levy] What type of work do you do?
-It's HVAC work. -[Levy] Okay.
Air condition coils.
So, um, Nathan had been furloughed. I had lost my job.
Um, we were struggling very bad.
We were putting our rent on credit. It just wasn't a good situation for us.
And what are you paying in your monthly rent in your home in Utah?
In Utah, it was $2,500 a month.
Uh, describe the house. How many bedrooms, how big?
[Nathan] Four bedrooms. I think it was 1,900 square foot.
[Levy] Okay. And you had a roommate?
-Mm-hmm. -Yes.
[Levy] And the lease terms was what?
From when to when did the lease take place?
The lease was from May for one year.
Okay, so it was May 2023 to May of 2024.
So, you're gonna move by September.
-And you go to the leasing company. -[Ryllie] Mm-hmm.
[Levy] So, tell us what your options were.
Um, so, our options at the time were, um, we could break our lease.
and we could move, or we could have someone take over our lease.
They told us it was going to be $10,000 to break our lease.
But instead, Kristina needed to move out of her house
because the people she was renting from, from my understanding,
wanted to move back into the house.
So, I just thought it was a good fit.
She needed a place to live; we were moving.
Is that correct that you were gonna be looking for a house anyway?
-A new place to live. -Correct. Yes.
All right. So, this could've been a match made in heaven.
-[Kristina] Right. -Correct.
[Levy] So, how do you go about the process of taking over the lease?
'Cause you told the plaintiffs that was something you'd be interested in.
It was, yes.
Um, so, I agreed that I really needed to find a place.
So, I was like, I would love to take over the lease.
Let's see if I get approved. I applied.
I was approved and able to take over their lease.
[Levy] When you say that you applied, you had to go to the landlord
-and you had to fill out an application. -Correct.
And you had to go through the same type of application as a new lease.
-Yes. -[Levy] Okay, and you do that.
And that was about when?
Um, September, in September was when we started.
'Cause they actually didn't end up leaving until October.
So, we had done all the paperwork throughout the month of September,
and figured everything out
and when we were all going to move, and things like that.
Okay. So now, I'm gonna direct your attention
to September first, 2023. Tell us what happened.
Um, so, we...
-He's very happy with you just talking. -[Ryllie laughs]
I get it. Smart.
Yeah. He did most of the agreement part. But, um,
Kristina had texted me because we had discussed writing up an agreement.
Because our deposit was $5,000 when we initially moved into the house.
Um, our agreement was that she was gonna pay us $2,500,
uh, or the $5,000 total.
And then, when the check came at the end of her lease,
she was gonna keep the check.
And so, really she wasn't out any money.
So, on September first, she had come over and we had written up this agreement
that was in her handwriting that we all signed.
That was basically it. Her and my husband Nathan...
I disagree with that.
[Levy] Yep, I get it. That's why we're here.
-Right. -[Levy] So, the agreement
was a little more detailed than what you just described.
According to your understanding of the agreement,
Defendant would pay $400 a month;
$200 on the fifth of each month and $200 on the 20th of each month
until $2,500 was paid off.
-Right? -[Ryllie] Correct.
And that Defendant would pay the remaining $2,500
within two months of her moving out date,
-whenever that was. -Mm-hmm.
You'd agree that's at least what the agreement was.
Yeah. I, so, when we did this agreement,
I actually stood in the kitchen before we signed this document,
and I don't recall either of them signing the document.
It was more Nathan making me sign this document.
He had me write it up in the kitchen and Nathan was like, oh, it's fine.
Um, this is just for me. And I was like, okay, whatever.
Just in order to move forward with things and be able to move in,
because I clearly needed somewhere to stay.
And they were leaving. Um, I just agreed to it.
So, let me ask you. Before showing up on September first
at their home, to go over, face-to-face,
and to put down in writing what your understanding was,
you did discuss the $5,000 payment.
It wasn't until you got to the house that you say,
oh, I'm getting a little concerned, 'cause if I don't have the money,
I want to be able to have like a relief valve clause
that allows me to kick the can down the road and pay more at the end.
-Right? -Mm, yeah.
-[Levy] Yes, that makes sense. -Right.
And so, when you were going to the house on September first,
clearly you knew that there was going to be an agreement drafted
to obligate you to at least pay $5,000.
How we were gonna get to the $5,000 was gonna be decided at your meeting.
Correct. I told Nathan and Ryllie both while we were standing in the kitchen
that I would never pay a $5,000 deposit, that I didn't agree with it.
By the way, when you were communicating with the plaintiffs,
you did it over the phone?
-Um, in person. -[Levy] What about text?
Um, there is a text between me and Nathan,
but that was after I already lived there and they were looking for a payment.
Yeah, you forgot about one.
[narrator] Coming up on Tribunal Justice.
Me and my husband went through a difficult time.
-I was going back and forth with him... -[Acker] 'Cos your husband--
like, she's gonna pay us the money. And he's like, girl, no she's not.
[Acker] That's why he's so quiet now.
In his head he's thinking, I told you so.
[narrator] Ryllie and Nathan Faucheux say they let Kristina Fredrickson
take over the lease on their house,
then selfishly kept their $5,000 security deposit that they want back.
But Kristina says she did them a favor by moving in
and they're responsible for damages to the unit.
When you were communicating with the plaintiffs,
you did it over the phone?
-[Kristina] Um, in person. -[Levy] What about text?
There's a text between me and Nathan but that was
after I had already lived there and they were looking for a payment.
[Levy] You forgot about one. What I'm gonna do is
I'm gonna ask Cassandra now to show you what the plaintiffs provided us
as Plaintiff's Exhibit Number Three. It's a text message, September first,
at 6:39 in the morning. And I've circled it
and I put two check marks next to it. I want you to read it out loud.
It says, "Hell, yeah, I'm so excited. Well, me and you need to get together
and write up our agreement about the deposit and the stuff
and figure all that out." And then... yeah.
[Levy] Does that help refresh your recollection, ma'am,
as to whether or not you were actually excited
about the prospect of moving in, and were just fine
with the idea of paying the $5,000...
That doesn't say that I'm excited about paying $5,000.
That just says I'm excited to move in.
I definitely was not ready to pay the $5,000.
And like I said, once I did go to their home,
I explained to both of them that I did not want to pay that $5,000.
That makes zero sense. I'm gonna take that back please.
But where does that...
[Levy] I don't believe that for a second.
Plaintiff's number one is a copy of the actual agreement that you guys signed.
Ma'am, do you see what's being shown to you now?
Yes. Um, their signatures were not on that.
-[Levy] Yours are on that, right? -[Kristina] Yes.
[Levy] That binds you.
-You drafted that. -[Kristina] Correct.
No. It was him telling me what to write in the kitchen.
I got it. Okay. I have nothing further. Judge Acker.
Thank you, Judge.
There's something about your defense that just feels a little juvenile to me.
-Okay. -[Acker] So, it's a bit like saying
I am excited about getting my paycheck at work.
I'm not really excited about doing the work.
So, even though I signed a piece of paper that says I'm gonna do this work,
I told ya I wasn't that excited about it, so I'm not gonna do it. Pay me.
That's what your defense sounds like.
And then, I wrote down something else that you said.
You didn't want to sign the agreement. He was telling you what to write.
And there was nothing that was preventing you from saying, hey,
I don't want to pay $5,000.
So, I'm going to put on my big girl pants
and go find my own place to live. You didn't do that either.
No.
-And you signed it. -Correct.
So, you understand that sometimes when you want something,
you have to pay something, do something, give something up,
that you really may not want to do. That's called adulting.
-You get that part? -I do. I'm not disagreeing
that I don't owe them something,
-but I disagree with owing $5,000. -You absolutely are disagreeing.
-Okay. So, let's roll that back. -[Kristina] Okay.
Because in your answer, you in fact were disagreeing
that you owed them something. You said
that they have no legal right to the deposit
because of an amendment to the lease.
On Exhibit Three...
-[Acker] Yep, right there with ya. -On page 13.
Number six.
[Acker] And there's a provision that you're referring to
that says the departing resident waives any claim to the security deposit.
-[Kristina] Correct. -Good attempt, but it doesn't help you.
-Okay. -[Acker] That waiver is
as between them and the landlord.
So what that means is that they can't, after they've moved out,
let you move into the apartment, paying no deposit at all.
You're actually now coasting on their money.
Correct.
The landlord says, hey, I'm gonna let you move in.
And you guys have now moved out, you don't get to come after me
for the security deposit. So, that provision benefits the landlord.
It does nothing for you.
Let's talk about what you think you owe them.
Now, your basis for not paying them is because the apartment, the home,
was in such shambles when they left it...
-No. -[Acker] Why aren't you paying anything?
Well, first of all, I'd gotten laid off. So, that was part of the reason
why I wasn't paying them. I agree I do owe them something.
I lived there for half the time, and they lived there for the other half.
Your ability to pay is an entirely separate matter
from your duty or obligation to pay.
-Okay. -[Acker] So, we know you're laid off.
That's why you guys didn't require her
to make the payments at the outset, right?
-Correct. -[Acker] That's why you said
we're gonna tack on these payments toward the back end,
and you're just gonna pay it all at the end.
'Cause they were, again, were giving you a break.
-Correct. -Your Honor...
[Acker] Did you want to say something, ma'am?
Yes, ma'am. You know, I really trusted her.
And I... me and my husband went through a difficult time
because I was going back and forth with him,
-like, she's gonna pay us the money. -[Acker] 'Cause your husband...
And he's like, girl, no, she's not, she's not gonna pay you the money.
That's why he's so quiet now.
'Cause in his head he's thinking, I told you so.
-Yes. -I told you this was gonna happen.
When you're right, just don't tell anybody.
Just keep your rightness quiet and let her do the case.
[narrator] Coming up on Tribunal Justice.
Where does it say that there was a deduction made
from the security deposit because of garage damage?
-It doesn't. -[Acker] Yeah, it really doesn't.
You're now simply just trying to wing it.
[narrator] Ryllie and Nathan Faucheux are suing Kristina Fredrickson
for keeping their $5,000 security deposit after taking over their lease.
But Kristina claims she agreed to their terms under duress
and that they damaged carpet and walls before she moved in.
So now, let's move back to what you acknowledge you owe them.
How long were you in the apartment?
I was there for six months.
-[Acker] You were there for six months. -Mm-hmm.
So, there's no reason for me to assume
that any damages that were deducted from the deposit...
there's no reason for me to assume that those deductions
were because of their misuse.
[Kristina] So, on Exhibit One on those photos,
Ryllie had forgot to put her car in park
and the garage damage was Ryllie. Ryllie ran into the garage with her car.
And we had spoke about this prior to moving in.
-[Acker] True? -[Ryllie] It was fixed, yes.
[Acker] When was it fixed?
Probably a week after it was done.
Ms. Fredrickson, did you submit the itemized list of damages
-that the landlord gave you? -I did.
[Acker] Damages, interior paint.
I see damages carpet, damages blinds, damages blinds.
Where does it say that there was a deduction made
from the security deposit because of garage damage?
-It doesn't. -[Acker] Yeah, it really doesn't.
You're now simply just trying to wing it
and come up with damages that you may or may not have caused.
There's no evidence that whatever she did is a reason that the deposit was reduced.
Further, you made an agreement.
Judge DiMango.
You did say that you were at their home several times.
-Would that be correct? -[Kristina] Yes.
[DiMango] So, when you went into the home,
you had the ability to see how that home was maintained.
-Is that correct as well? -Correct.
[DiMango] And when you were there, I would guess
you would've said to them, well, I don't mind doing the security deposit,
but look what you guys did to the blinds.
Look what you did to the carpet. Look what you did here.
Yeah, we had discussed it.
[DiMango] You discussed that the blinds were broken...
-No, not exactly. -[DiMango] Of course not.
You didn't because you would've told us that.
-Did you tell that to the landlord? -No.
[DiMango] You never did because there was no damage.
Or else that's something you would've highlighted
both to the plaintiffs and to the landlord as well.
But the bottom line is, you did agree here to accept this $5,000 security deposit.
-Are you a sloppy person? -No.
-Filthy in any way? -No, ma'am. You can look at Exhibit Two.
It shows you all of the photos of me cleaning the home before I left.
[DiMango] You know what, you left the place meticulously.
So that tells me that even if you accepted their $5,000 security
that you didn't want to pay, you would know
by your own ability to keep a place clean
that you were gonna get all that back in the end.
So, you want us to believe that they owe you
$2,888, correct? Because that's the money you got back
according to the agreement with the landlord. Correct?
-Correct. -[DiMango] That's got nothing to do
with your agreement with them.
[Kristina] I understand that.
The carpeting, the markings on the wall, which I think we have some photographs of.
This is the, uh, the walls that are what, patched up
-from... -[Kristina] Correct.
-[DiMango] How many children do you have? -I have one.
You said, "and my children." Is there more than one?
I have one that's an adult, yes.
[DiMango] Does that adult child live with you?
-[Kristina] Correct. -[DiMango] Did you have any pets?
-Do you have any children? -[Ryllie] No, ma'am.
So, all of these damages to all the wall, there's no way that they did that.
Because you would've said something about that.
This is all repaired. This is all patched up after you were leaving.
And this Venetian blind. What room is this in?
[Kristina] The basement room.
And who used the basement room?
-Your 20-year-old? -[Kristina] Mm-hmm.
Like, they lived there for six months and there were damages.
And I did not leave this house damaged.
I fixed anything and everything that was damaged, besides the blind.
[DiMango] I'm very proud of you.
But the point is, you agreed to give them back the $5,000.
And the other thing is, let's just say...
They were never gonna get the $5,000 back though, regardless.
Well, the thing is, that's what you're saying.
You've given us no evidence that indeed any of the damages
that you're attributing to them were attributable to them.
You have no before photos.
The only photos you have are the photos of when you moved out.
Listen, you never would've rented it if there was any damage to it.
You would've been sure that somebody knew.
And your allegations that they put you under duress,
they defy any of the testimony and documents that we have here.
So, I want to go back to the point that you got back $2,888.
-[Kristina] Correct. -Even assuming I want to say,
you're right, I believe you, they caused the damage,
you would still owe them $2,888.
And yet, your position in this courtroom and in these papers was
you owe them nothing.
'Cause they're not agreeing to pay you a bonus, right?
And whatever you want, you can keep afterwards.
Did you ever say that to her?
[narrator] Coming up on Tribunal Justice.
She did have two humongous, I believe they were pit bulls.
So, I'm gonna ask you one more time. Did you have dogs?
[narrator] Nathan and Ryllie Faucheux claim Kristina Fredrickson
agreed to return their security deposit when she took over their lease.
But she kept it, so they're suing to get it back.
Kristina says she doesn't owe them anything
because they left her rental home damaged.
[DiMango] They're not agreeing to pay you a bonus, right?
And whatever you want, you can keep afterwards.
Did you ever say that to her?
Um, we actually sold her our washer and dryer. We let her keep our futon.
Um, she did have two humongous, I believe they were pit bulls.
I can pull my phone out and show you the pictures of her dogs.
I'm gonna ask one more time. Did you have dogs?
No. She was put down before we moved in.
The bottom line is, you're raising a duress defense.
That's what your position here is.
Is there something that you think they said,
like, we'll take your oldest born child if you don't sign this?
We'll cut off your fingers if you don't pay us?
I mean, what was it that they could've said to you
that would make you feel that unless you sign this,
you had no other options?
-And your answer is... nothing. -[Kristina] Right.
-[DiMango] Anybody have other questions? -[Acker] I do.
We don't have any pictures of the apartment after you moved out?
-[Ryllie] No, ma'am. -[Acker] Now, that seems a little bit odd.
Honestly, I should have. But in my head, she... I trusted her.
And we were very friendly with each other.
And I didn't think that I would ever be in this situation with her.
[Acker] Okay, thank you.
We're gonna retire to deliberate. Thank you.
Court is now in recess. Parties will be recalled.
I will say that I thought that your line of questioning, Judge DiMango,
was right on point. But you kinda went straight to Goodfellas
there with the duress. I mean, guns, choppin' off hands.
Put your hands on the table. Be careful.
I'm saying, that's duress! Holy cow, they were terrified of ya.
-Jeez. -[laughs]
Listen, it's super sad that the defendant
took such a great opportunity that she was given,
and just turned it around and just basically
told the plaintiffs to go pound sand,
thinking that they would never follow through with a lawsuit
that would hold her accountable for what she did.
And quite frankly, I'm glad the plaintiffs did.
Because there's no way that I see the evidence whatsoever,
that they should get anything less than their full $5,000.
Even if there was a problem, she's not agreeing to give back
whatever she got back from the security.
She's agreeing to give back $5,000.
So, I believe the plaintiffs get the full $5,000.
I think what's even more galling is that poor woman
has to like, get it from her husband, you know, the whole time.
He's like, she's not gonna pay us.
She's not gonna pay us.
And all he wants to say is, I told you so.
That's why he was so quiet.
And if we have to go to court,
you're the one that's gonna tell the story.
You're gonna do all the work.
He was just there, coasting.
I was a little bit relieved to hear the defendant acknowledge
that she was, in effect, coasting on their money.
She paid zero as a security deposit.
And then, came to court with this absurd position
that, well, because they had this agreement with the landlord,
I get to keep all of their money.
That was just nonsense. They're entitled to all of it.
Also, based on that Defendant's demeanor, behavior and testimony,
I don't see her as the kind of person who would've let slide
all of those patchwork on the walls.
And the blinds were very obvious damage where her 20-year-old son was living.
I don't say that she's a person who wouldn't have noticed it.
She would have, she didn't.
And I don't see why she should not keep her agreement.
There was no hands chopped off, there was no gun to the head.
The plaintiffs are entitled to their $5,000 back.
[Levy] Yeah.
Court is back in session.
Both parties are reminded that you're still under oath.
-[Levy] Thank you, Cassandra. -[Britt] You're welcome.
Well, this was a case about a breach of contract.
You wrote it, you agreed to it, but you didn't abide by it.
The only legal defense you would've had was duress.
And duress can take all different forms.
It can be economic duress, problems with kids and finding new places.
Or like Judge DiMango, chopping off hands, right.
Either way, nothing like that was testified to here.
So, there was no legal basis for you to breach that contract.
And as a result, it is the unanimous verdict of the court
in favor of the plaintiff for $5,000.
-Thank you all. -Thank you.
This case has concluded. All parties are excused.
I'm upset with the fact that she questioned my character as a person.
We're very communicative and she wasn't. And that's on her.
I clearly am not what she says I am.
The audacity of this woman
to just take our security deposit money and spend it on herself.
Yeah, I'm just gonna stop talking to you.
You can't trust anybody nowadays.
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Let Tribunal Justice decide your case.
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