title 'Locking Out a Friend' & 'Junking up a Jalopy' & 'Causing a Storm of Controversy'

description First, the plaintiff and defendant used to be good friends, and they moved in together. The plaintiff says the defendant’s dog bit him, so he moved out. He claims the defendant locked him out and won’t let him pick up his belongings, so he’s suing. The defendant argues the plaintiff was a bad roommate who broke everything. He’s countersuing for the cost of a washer and dryer and unpaid rent.

Then, the plaintiff brought his car to the defendant’s car repair shop for a new motor. When he picked it up, the air conditioning didn’t work and the engine smoked when he started driving. The car broke down, so he’s suing for the cost of repairs and stress and aggravation. The defendant argues the plaintiff provided him with the wrong motor for his car. He did the work correctly and the plaintiff was happy when he picked it up.

Plus, the plaintiff went to Mexico on vacation and when she got back, her apartment had been destroyed by Hurricane Sandy. She asked the defendant, her landlord, for her security deposit back when she moved out, but he refused. She’s suing for her deposit. The defendant argues the plaintiff let her son move in after the son got out of jail even though the defendant never approved it. He clams the son treated the apartment like a frat house.

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pubDate Thu, 23 Apr 2026 07:01:00 GMT

author The People’s Court Podcast

duration 2677000

transcript

Speaker 1:
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Speaker 2:
[00:30] So you're saying with Hilton Honors, I can use points for a free night stay anywhere?

Speaker 3:
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Speaker 2:
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Speaker 3:
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Speaker 2:
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Speaker 3:
[00:43] Hilton Honors, baby.

Speaker 2:
[00:45] What about the five-star Waldorf Astoria in the Maldives?

Speaker 3:
[00:49] Are you going to do this for all 9,000 properties?

Speaker 4:
[00:52] When you want points that can take you anywhere, anytime, it matters where you stay. Hilton for the stay. Book your spring break now.

Speaker 5:
[01:01] If you're having a private intimate moment with another guy, what do you do? Close the door. He comes down, he goes to the station and he's like, oh, whoa, whoa, whoa, you're having sex in there. You cannot have sex with the door wide open. Expect nobody to walk by and say, oh, you know. But what are you doing?

Speaker 6:
[01:20] This is the plaintiff, Justin Owens. He says the defendant, his very good friend, allowed him to move in with him. Then, when he was living there, his brother's dog bit him. He knew right then he couldn't live there, so he moved out. The defendant ended up locking him out, won't let him retrieve his belongings. And friend or no friend, he's suing for the $3,683.62. This is the defendant, Justin Olmeda. He says the plaintiff had always been a pretty good friend, but turned out to be a terrible tenant. The guy was a walking disaster, breaking everything in his path. He has no idea why the plaintiff's suing him, because he took all his belongings with him when he left. He'll be very happy to wash his hands of this guy for good as soon as this case is over, and he walks out the winner. He's accused of locking out a friend. The defendant is fined a camera suit for $2,400 for a new washer and dryer and unpaid rent.

Speaker 7:
[02:26] All parties, please raise your right hand.

Speaker 6:
[02:28] What you are about to witness is real. The participants are not actors. They are actual litigants with a case pending in civil court. Both parties have agreed to drop their claims and have their cases settled here before Judge Marilyn Milian in our forum, The People's Court.

Speaker 8:
[02:49] Be seated, come to order, please.

Speaker 9:
[02:52] Litigants have been sworn, Your Honor.

Speaker 10:
[02:53] Thank you, Douglas. Okay, Justin Owens, you are suing your former friend Justin Olmeda for $3,683.62 in damages because according to you, he has kept, after you moved out, a 46-inch flat screen TV, a 37-inch flat screen TV, and a Toshiba computer tablet. You are counter claiming against him for a washer dryer. He busted and rent. What's going on?

Speaker 9:
[03:21] Well, I met Justin at school, in high school, and then I was living in an apartment with another friend, and I lost my job, so I needed a place that was cheaper than what I was living in. So I asked Justin to rent the room in the basement that he previously offered me. So I went and everything was fine for like the first month and a half or so.

Speaker 10:
[03:42] You owned the house. Go ahead.

Speaker 9:
[03:44] So one day I came home from work with my tablet, and I left it on my bed to charge, and I went to the movies and I came back and it was gone.

Speaker 10:
[03:51] Who do you think took it?

Speaker 9:
[03:53] I believe it was Justin's brother.

Speaker 10:
[03:55] Is that the brother? Okay. Why?

Speaker 9:
[03:58] I have a hunch because it was still in the house afterwards.

Speaker 10:
[04:01] How many people were in the house?

Speaker 9:
[04:03] Four people. Justin's brother, his girlfriend, and there was another guy that lived there.

Speaker 10:
[04:06] Do you say anything to Justin about that?

Speaker 9:
[04:08] I told him, I'm pretty sure that my tablet was taken because I've searched everywhere and I don't really feel good about this, that I'm still paying for this.

Speaker 10:
[04:18] What do you mean by still paying for this?

Speaker 9:
[04:20] The tablet and one of the televisions was from Renta Center.

Speaker 10:
[04:23] Renta Center?

Speaker 9:
[04:24] Yes.

Speaker 10:
[04:25] The 46 inch flat screen TV, the 37 inch flat screen TV, and a Toshiba computer tablet were from Renta Center.

Speaker 9:
[04:35] Only the 46 inch and the tablet.

Speaker 10:
[04:37] Okay. What about the 37 inch?

Speaker 9:
[04:39] The 37 inch was mine.

Speaker 10:
[04:41] Okay. Your lawsuit was for the value of a tablet, $800. But you've upped your lawsuit today to 1,059.47. Why? Because when you rent stuff, it costs a lot more than if you bought the stuff, right? All right. In any event, let's move on from this and let's talk about something else. So when did you stop paying your rent?

Speaker 9:
[05:02] I didn't pay the last month of rent.

Speaker 10:
[05:04] July?

Speaker 9:
[05:05] July, yeah, July.

Speaker 10:
[05:06] So you didn't pay July, and were you still there in August?

Speaker 9:
[05:10] I was there until the 6th of August.

Speaker 10:
[05:12] Okay, you didn't pay August, right?

Speaker 9:
[05:14] Right.

Speaker 10:
[05:15] Okay. And then what happens? He tells you, listen, you got to get out, you're not paying rent?

Speaker 9:
[05:19] No, I texted him that because the dog bit me.

Speaker 10:
[05:22] Ooh, tell me about the dog. What dog?

Speaker 9:
[05:26] His brother has a pit bull, yeah.

Speaker 10:
[05:27] Okay, now according to you, the brother doesn't like you.

Speaker 9:
[05:31] I guess not.

Speaker 10:
[05:31] And apparently the dog doesn't like you either. Okay, and so tell me about it.

Speaker 11:
[05:35] What happened?

Speaker 9:
[05:37] At first, me and the dog, it was fine because he was just a pet and I'm great with animals. And then, I don't know, out of the blue, he just didn't like me when I was coming up to the house when I came off of work.

Speaker 10:
[05:46] The pit bull will be loose in the front yard?

Speaker 9:
[05:48] Yes.

Speaker 10:
[05:49] Okay.

Speaker 9:
[05:50] So I didn't-

Speaker 10:
[05:51] Stand up, please.

Speaker 9:
[05:53] So I didn't like the fact that I had to deal with the dog every single time that I came into the house and left the house. So then I decided that it was a good time to leave. I mean, I already had things taken from me.

Speaker 10:
[06:02] But is that why you didn't pay rent?

Speaker 9:
[06:05] Well, I told Justin, I'm paying you the rent from $50 for a room in the basement. And on top of that, I have to deal with your brother harassing me and the dog being outside. And they accused me of kicking the dog. And I didn't do anything harmful to the dog whatsoever.

Speaker 10:
[06:21] Okay. Why doesn't your dog like him?

Speaker 12:
[06:23] Because he kicked him.

Speaker 5:
[06:24] Right in front of my girl, kicked him.

Speaker 10:
[06:26] Let me ask you, there's never an excuse for kicking him, but what precipitated the kick?

Speaker 5:
[06:30] I don't know.

Speaker 10:
[06:31] What did your girl say? Was the dog growling at him or something? Was he on him?

Speaker 7:
[06:34] Cause I guess he don't like the dog.

Speaker 10:
[06:36] Well, did he like the dog at the beginning?

Speaker 7:
[06:38] Yeah, he was fine with the dog.

Speaker 10:
[06:39] So what made him all of a sudden not like the dog?

Speaker 5:
[06:41] I don't know.

Speaker 10:
[06:42] Okay. So what happened between you and your good friend?

Speaker 5:
[06:45] Okay. So I'll start from the beginning, I guess. This is back when he was living with one of my best friends and he lost his job. All right. So I figured if I'm giving him room for 350, he's a friend and there's wireless and power, hot water, washer, dryer. I didn't charge him a deposit, nothing like that. He's a friend, let him move in. Now it's the first month's rent due. I go up to him and ask him, he's like, oh, I don't have the money. Okay. Okay. I was like, listen, the only thing I asked you was to tell me ahead of time that you don't have the money. So now next week, he said he'd pay me on Friday. I go into Friday, I don't have the money. Now it's the next week after that. He's like, oh, I got the money now. And he pays me. Now this is where the tablet incident comes in. Now there's an app, it's called Grindr. It's where guys meet other guys. Now he brings a random guy that he met on this app home. The guy was there, stayed overnight, tablet went missing. This is also the same incident when he said he was, my brother was harassing him. He walked down, my brother came to say something to me and he wanted to ask him a question. So if you're having a private intimate moment with another guy, what do you do? Close the door. He comes down, he goes to say, he's like, oh, whoa, whoa, whoa, you're having sex in there. You cannot have sex with the door wide open. You can't expect nobody to walk by and say, oh, you know, what are you doing? Then he goes, oh, your brother's harassing me. And then so that, now after that incident happened, I told him, when he told me his tablet was missing, I was like, listen, call the cops. I have text messages prove that.

Speaker 13:
[08:12] Let me see, let me see.

Speaker 5:
[08:15] It also states that he said he wasn't going to pay. He was behind two months on rent. And he was already going into the third month of not paying.

Speaker 10:
[08:22] I don't mind you owing one month, but you owe almost two now, and I need the 350. Take it out of the tablet that your brother has. And then you answer, okay, that has nothing to do with me, and this is not right. So what happened with the washer dryer? You have a-

Speaker 5:
[08:36] Oh, sorry. On the second day he moved in, he decided to take a king size quilt and put it in this little ass dryer. Now-

Speaker 10:
[08:45] Can you describe the dryer differently?

Speaker 5:
[08:48] All right. It is a stackable washer and dryer. Now it's small.

Speaker 10:
[08:54] He breaks it?

Speaker 5:
[08:55] Yes.

Speaker 10:
[08:55] So it's completely inoperable now?

Speaker 5:
[08:57] Yes. I was like, all right, so I know you don't have the money. We're gonna go to pay for a washer and dryer. And then I go, well, let's go to Renda Center. He's like, oh, okay. I go to Renda Center, I put a washer and dryer under my name. He proceeds to still not pay me for anything of that. And now we're still at this point where he hasn't paid any of his bills.

Speaker 10:
[09:15] Okay. So replacement washer dryer, a thousand bucks. What's your proof on that?

Speaker 5:
[09:20] I don't have a proof. I just went and compared price.

Speaker 10:
[09:22] Rent the two months, we've been over that.

Speaker 5:
[09:25] There's also three police reports that he incriminated himself on the washer and dryer. He also said that he didn't pay rent. And an officer said- That what? That he got all this stuff out of his house. Everything.

Speaker 10:
[09:35] That I want. If you have proof on a police report that he got all this stuff out, because I have a police report that's him complaining that he didn't.

Speaker 5:
[09:42] I wasn't able to get a police report because this would happen so fast between this and that.

Speaker 10:
[09:46] If you filed something, you should have a copy of it. Now, he is suing you for a 37-inch flat screen TV, the tablet which we've been over, and a 46-inch flat screen TV. I want to ask you first a question. If you are moving and it's under kind of bad circumstances, why would you not move your two TVs?

Speaker 9:
[10:06] I was more concerned with getting the essentials out like my bed, and the result was that I needed an additional trip, and when I came back, the doors were changed.

Speaker 10:
[10:13] So you came back the same day you moved?

Speaker 9:
[10:16] Yeah.

Speaker 10:
[10:17] Who's the guy that you have with you?

Speaker 9:
[10:19] This is my best friend, Alex Wotanski. He helped me move.

Speaker 10:
[10:22] Come on up. He's been raising his hand nonstop behind you. What do you want to say, my friend?

Speaker 13:
[10:28] I received a phone call saying, I need to move out. Tensions are rising in the house. I need help. I said, no problem. I drove my car out there. We loaded up his truck to the top. We put the mattress on top, and we took everything that we could, figuring we'll come back for one smooth trip with a couple of blankets and be able to lay the televisions down. And we moved all his stuff. He came back, and he informed me that at that time, the doors were locked and the locks were changed.

Speaker 10:
[10:51] Okay, how did he inform you the locks have been changed?

Speaker 13:
[10:53] Over a phone call.

Speaker 10:
[10:54] Okay, and it was the same day?

Speaker 13:
[10:55] That was minutes later, yeah, we split.

Speaker 10:
[10:58] Did you see the TVs left behind?

Speaker 13:
[11:00] Yes.

Speaker 10:
[11:02] You're telling me you saw the TVs left behind?

Speaker 9:
[11:03] Yes. And then I came back, and there was nobody there. There were no extra.

Speaker 10:
[11:08] And so you try to get in with what, your key?

Speaker 9:
[11:11] Yeah, where the dud bolt used to be that I used my key, there was a door knob.

Speaker 10:
[11:14] Okay. So now you no longer had access, because that had a different lock. So what did you do?

Speaker 9:
[11:20] So I knocked on the door. I yelled at the door. I was like, Justin, just let me get the rest of my stuff. I know Justin was home because his car was there, and I didn't know what to do. So I called the cops. And when they came, they were knocking on the windows, hollering for Justin, and there was no answer. So they were like, we can't go in, but you should come back tomorrow. And if you need assistance, call the police.

Speaker 10:
[11:41] So did you come back the next day?

Speaker 9:
[11:42] I did come back the next day, and I called the police.

Speaker 10:
[11:44] And those are the two police reports I have that say he's trying to get the rest of his stuff. According to him, you're not there and you're not answering, even though your car's there, when the police are knocking on the door. Address that.

Speaker 5:
[11:56] I was downstairs asleep, because I have work in the morning. I was.

Speaker 10:
[12:00] Oh, and you called the cops on him, but you went to sleep.

Speaker 5:
[12:05] I told them, I was like, listen, I'm calling the cops, you guys stay here.

Speaker 10:
[12:08] Did the cops come?

Speaker 5:
[12:09] Cops come, yes, the cops came.

Speaker 10:
[12:10] What's on the missing police report? That he agrees he has all his stuff, or that you are claiming he has all his stuff? Put your hand down, brother.

Speaker 14:
[12:19] Welcome back to The People's Court, Harvey Levin here. If somebody keeps bringing home, and this wasn't necessarily the issue in the case, but if they bring home people, random people every night, over and over and over, different people, is that grounds to break the lease?

Speaker 8:
[12:32] That's no grounds. They're paying rent, it's no grounds.

Speaker 14:
[12:35] Oh, what do you think?

Speaker 7:
[12:36] It's not grounds at all.

Speaker 10:
[12:38] If they're paying the rent and they have the choice to, then...

Speaker 14:
[12:40] Anybody have a problem with it? What do you think?

Speaker 12:
[12:43] I think they should kick him out. I mean, if it's random people and they're staying the night, I mean, it's kind of like invading my privacy, you know? So I would kick him out.

Speaker 14:
[12:52] Interesting. Interesting. Okay, going inside the... Interesting that the guy is the one that would kick him out and the women going inside the courtroom.

Speaker 5:
[12:58] What's on the police support is everything that happened, and I told them that he moved out his stuff. He did.

Speaker 10:
[13:02] How come he's able to get any police supports, but you're not?

Speaker 5:
[13:05] Because I lost the one that I had when he originally came back. I showed to the officer.

Speaker 10:
[13:09] What is your defense on the issue of the washer dryer?

Speaker 9:
[13:13] I put my blanket in the washer and I did break it.

Speaker 10:
[13:17] Okay. Then what is your defense to the rent?

Speaker 9:
[13:19] Yes. I do agree that I owe him.

Speaker 10:
[13:22] Do you have a receipt for the washer dryer so I can see how long you've owned it?

Speaker 5:
[13:26] No. I'm sorry.

Speaker 10:
[13:28] When did you rent the television set? How long ago?

Speaker 9:
[13:31] I'm going to say a year and a half.

Speaker 10:
[13:32] Do you have a contract for the TV?

Speaker 9:
[13:34] Yes, I do.

Speaker 10:
[13:35] Let me see it. Do you have a receipt for the TV? The other TV?

Speaker 9:
[13:40] No, I do not.

Speaker 10:
[13:40] Any paperwork you have?

Speaker 5:
[13:42] The TV, the 37-inch he found in the trash, just so you know.

Speaker 15:
[13:45] Did you find the TV in the trash?

Speaker 9:
[13:48] The 37-inch? Yes, I found it in the trash.

Speaker 10:
[13:53] And they literally just put it out? Did they put a sign in it that said it works?

Speaker 9:
[13:56] No, it was just there and I figured that I could fix it.

Speaker 10:
[13:58] Oh, did you fix it?

Speaker 9:
[13:59] Yeah, I did fix it. I had it for a long time.

Speaker 10:
[14:01] How long?

Speaker 9:
[14:03] Until I was living with him.

Speaker 10:
[14:04] All right. Oh my goodness.

Speaker 9:
[14:08] At the bottom, it says, if you make all regular scheduled remaining payments on this agreement, you will pay $1,059.

Speaker 10:
[14:15] Oh, that's how you got the figures?

Speaker 9:
[14:16] Yeah.

Speaker 10:
[14:18] Okay, folks, here's the deal. All right. The first thing that there's no mystery on is, did you break the washer dryer and do you owe rent? There's no mystery about that. The only mystery involved in that is how much does the washer dryer cost? And when you don't bring any evidence to a court, you're stuck with whatever figure I pick out of the sky. So I am going to assess the depreciated value of $200 for the washer dryer, okay? But you are entitled to two months, not a month and a half, two months, put your hand down and stop talking. Sit down. 350, or you could step out if you like. Okay.

Speaker 16:
[14:53] Right to your left.

Speaker 10:
[14:56] So it's 350 plus 350 plus 200. On your counterclaim against him, I'm ruling in your favor in the amount of $900. But also, I'm going to tell you something. I know, you know, your brother knows, and I think anybody within the sound of our voice knows, that you kept the TVs. And you kept the TVs as collateral. That is why the way this lawsuit comes to me is him suing you and not you suing him for rent. And you don't have a right to do that. It is very obvious to me that this stinks to high heaven. You have no idea who took your tablet. You're saying it's him who took the tablet because you know it's them who took the TVs. But it could have been anybody coming in and out of there. So no, you don't get to make them pay for that. But I believe you. When you say how we came right back, we were ready to come right back, and then I see the police reports showing it, and I know you're there, and your answer is, I was sleeping. Well, you are one soft sleeper. If a cop is banging on your window where you sleep, and you don't hear the guy and come out, the reason that you do that is because you kept the TV. Okay? And you know what, I'm kind of sorry I let your brother step out because I want to say that to him too, because you know what my feeling is? It was his cockamamie idea. I know exactly what happened. You know exactly what happened. What's the value of the TV? Well, the value of the TV is not much. You might get 50 bucks for that. That's the value of that. The value of the other TV, because you did this rent thing, so it would be the depreciated value of a year and a half 46 inch TV. And I find the value of that to be $500. So I find in your favor, in your lawsuit against him for $550. But normally I would just take that $900 and subtract it from the 550 and then order you to pay that rent. But if I really feel that you guys kept this TV, why in God's green acres would I let somebody with such unclean hands come in here and say, oh, and by the way, help me get my rent? Don't like it. Gonna find some punitive damages on what I find to be the willful conversion of his property and we're gonna call it a day. And that is my verdict.

Speaker 9:
[17:12] Thank you, Your Honor.

Speaker 6:
[17:15] For some reaction from the plaintiff coming out of the courtroom, what is your reaction to the verdict here?

Speaker 9:
[17:20] I guess it's all right. I mean, I was gonna let the whole thing go anyway because he was my friend and I'm not out to cut anybody.

Speaker 6:
[17:27] How did your friendship turn into such a bad situation?

Speaker 9:
[17:30] Well, I trusted him and I guess the trust was misplaced because this isn't how I would treat my friend. You always find out the worst in people, I guess, when you live with them.

Speaker 6:
[17:39] All right, right around the corner here with Officer McIntosh. All right, come on in here. What's going through your mind as you come out of the hallway here?

Speaker 5:
[17:47] Well, I wasn't going to go after money when somebody doesn't have money. That's why I didn't put in the claim in the first place. And so that's why I had to do it.

Speaker 6:
[17:54] The judge's conclusion that you hung on to those TVs to offset.

Speaker 5:
[17:58] Like I said, I didn't touch any of his stuff. He told me he was done. He moved out all of his stuff. If that's what the judge says, that's what the judge says. Obviously, she ruled in my favor. I mean, I didn't get anything. I didn't want anything in the first place.

Speaker 6:
[18:11] All right, let's go to Harvey, then.

Speaker 14:
[18:13] Okay, again, this didn't have anything to do with the case. I just found it interesting. The reality here is that if somebody or your roommate keeps bringing home all these random people, unless the lease specifies they can't do it, it's not grounds to kick them out, unless you can prove that what they've done poses some kind of safety or health risk. That will do it for this case. Litigants for the next case on the way into the courtroom right now.

Speaker 15:
[18:36] K-Pop Demon Hunters, Saja Boys' Breakfast Meal and Huntrix Meal have just dropped at McDonald's. They're calling this a battle for the fans. What do you say to that, Rumi?

Speaker 3:
[18:45] It's not a battle. So glad the Saja Boys could take breakfast and give our meal the rest of the day.

Speaker 17:
[18:50] It is an honor to share.

Speaker 3:
[18:52] No, it's our honor.

Speaker 4:
[18:54] It is our larger honor.

Speaker 12:
[18:55] No, really, stop.

Speaker 15:
[18:57] You can really feel the respect in this battle. Pick a meal to pick a side.

Speaker 6:
[19:04] I participate in McDonald's while supplies last.

Speaker 16:
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Speaker 6:
[19:38] This is the plaintiff, Michael Saar. He says he dropped off his 1990 Lincoln at the defendant's shop for a new motor. And when he got the car back, the air conditioning didn't work. As he was driving it back to the defendant's shop, the engine started to smoke. The fan came off. It ruptured his radiator. And if you ask him, the defendant's totally responsible. He's suing for $5,000. The amount is old. This is the defendant, Richard. He says the plaintiff provided him with a new motor for the car, and it wasn't exactly the right one. He did all sorts of extra work, retrofitting the thing so it would function in the guy's car. He did all the work correctly. The plaintiff was happy and is now suing him as an excuse to fix his 22-year-old car again, this time for free. He's accused of junking up a jalopy.

Speaker 13:
[20:41] All parties, please raise your right hands.

Speaker 14:
[20:43] Welcome back to The People's Court. Next case in the docket, the plaintiff went to the defendant for a new motor in his Lincoln, and it was a disaster. But the defendant says the plaintiff is the one who provided the new motor, so tough. It's the case of start your engines. Everyone except you.

Speaker 10:
[20:57] Thank you, Doug. This is Michael Saar. You are suing Richard and his auto repair place. You've asked us not to mention your last name or the name of the place. Okay. For $5,000 that you say he owes you, in repairs that you say were inadequate and stress and aggravation. Tell me what happened.

Speaker 18:
[21:16] I had dropped my car off to him.

Speaker 10:
[21:18] What kind of car?

Speaker 18:
[21:19] It's a 1990 Lincoln LSC. It was a show car. It wasn't just an old car.

Speaker 10:
[21:25] Okay. Do you have pictures?

Speaker 18:
[21:26] Yes, I have pictures.

Speaker 10:
[21:27] Okay. So go on.

Speaker 18:
[21:30] And he said I needed a new motor. So I got the new motor.

Speaker 10:
[21:36] Was it the right motor or the wrong motor?

Speaker 19:
[21:39] It was the right motor, but it came out of a Ford Bronco instead of out of a passenger car.

Speaker 10:
[21:44] And therefore what?

Speaker 19:
[21:46] Intake manifold, valve cover gaskets. Everything had to be changed. Okay, but it's doable. To make it fit into this application.

Speaker 10:
[21:53] But it's doable.

Speaker 19:
[21:53] Absolutely.

Speaker 10:
[21:54] Okay, so go ahead.

Speaker 18:
[21:55] All right, so we agreed on $600. I called him the day I was ready to pick it up, and he told me it was an extra $300, that he had put new wires and new plugs and...

Speaker 10:
[22:07] All right, now when you pick up the car and he tells you it's another $300, you knew that it was going to be something more, right? Because he had to change all this stuff in order to make it...

Speaker 18:
[22:16] No, I did not know it was going to be something more. Because he had my car and he...

Speaker 10:
[22:20] According to you, had you warned him that it would be something more?

Speaker 19:
[22:23] Absolutely. When? When the motor was dropped off. How much, I did not know at that point.

Speaker 10:
[22:28] Okay, all right, in any event, you say it's another 300 and you pay it. And that's the middle of the summer. And then what happened?

Speaker 18:
[22:33] Yes, I paid it. I brought the car home. I live about five blocks away from the shop. And a tire was actually getting low. And I drove to his shop to see if he could take the lug nut off for me so I could change the tire. And as I'm driving the car, the fan comes off of the motor and goes through the radiator.

Speaker 10:
[22:54] Now, this is when?

Speaker 18:
[22:55] A couple weeks after I picked up the car.

Speaker 10:
[22:57] When did you pick the car up?

Speaker 18:
[22:58] About the middle of the summer.

Speaker 10:
[23:00] Middle of the summer?

Speaker 18:
[23:01] Yes. I didn't drive the car at all.

Speaker 10:
[23:04] You didn't drive the car at all in those several weeks. According to you, do you have paperwork?

Speaker 19:
[23:09] Yes, there's that and there's a copy.

Speaker 10:
[23:12] Then when he purportedly brings the car back to you over the lug nut and the fan coming off, do you have paperwork from that day? This isn't the summer, this is April 4th. That's not the summer.

Speaker 19:
[23:22] No, no, no, that's still when he dropped it off.

Speaker 10:
[23:24] Okay, sweetheart, listen to my question because my English is perfect. Yes, it is. Okay. This is when he dropped it off. Yes. When he picked it up, he gave you another $300. Yes. Did you write paperwork on the date that he gave you the $300 and picked up the car in the summer?

Speaker 19:
[23:40] No. March is when he gave me a $260 deposit.

Speaker 10:
[23:44] What is that?

Speaker 19:
[23:46] I write this up when I'm buying the parts and when I'm doing the job and then I write a receipt.

Speaker 10:
[23:50] Let me see what you got there.

Speaker 19:
[23:51] Absolutely. This is the second time he brought it back.

Speaker 10:
[23:52] Why did you do paperwork when he paid for the car and picked it up in the summer?

Speaker 19:
[23:56] Because I could not get in touch with him.

Speaker 10:
[23:58] No, no. He's at your place handing you 300 bucks, which you have to pay taxes on. I know the answer. I'm not stupid. I just would like for you to stop acting like I'm stupid.

Speaker 19:
[24:07] Oh, no, not at all.

Speaker 10:
[24:08] Why don't you hand him a receipt that day when the customer hands you 300 bucks?

Speaker 19:
[24:13] I don't know.

Speaker 10:
[24:14] You don't know? I think you know. All right. He brings a car back to you weeks later. You say a month?

Speaker 19:
[24:19] Yeah, about a month.

Speaker 10:
[24:20] And so when you bring it back to him, you tell him, listen, the fan just on my way over here because I haven't touched the car. You guys deserve each other because I haven't touched the car and the fan just, how does a fan come off and go into the radiator?

Speaker 19:
[24:33] The fan clutch broke.

Speaker 10:
[24:36] What's a fan clutch?

Speaker 19:
[24:37] The fan clutch is the part that holds the fan on.

Speaker 10:
[24:39] When you put in the motor, did you have to take out the fan and reinstall the fan?

Speaker 19:
[24:43] Yes, I did.

Speaker 10:
[24:44] Okay. Did you show it to him?

Speaker 19:
[24:46] Yes, I did.

Speaker 10:
[24:47] Did he show it to you?

Speaker 18:
[24:48] I see, all I seen was the fan came off and there was a piece of metal. And he had told me that I must have picked up a piece of metal from the street. He had told me that that came around the fan. That's why the fan came off.

Speaker 10:
[25:03] Did you ever tell him that it was something that he picked up from the road?

Speaker 19:
[25:05] I told him it was a possibility.

Speaker 10:
[25:07] All right. So now, this is now a couple of weeks after pick up in the summer. We don't know dates because nobody gets receipts. By the way, why do you pay somebody 300 bucks and not get a receipt?

Speaker 18:
[25:16] He didn't even have receipts that I...

Speaker 10:
[25:18] But it doesn't matter because he can grab the nearest crayon and the nearest piece of toilet paper, and then you have what we call in the business a receipt. Anyone who's watched People's Court for the 12 years that I've been on this knows this. Yes. It's just you who doesn't know this.

Speaker 18:
[25:31] I understand. I watch it all the time.

Speaker 10:
[25:33] Okay. Well, if you watch me all the time, you would have gotten a receipt. But you may watch me all the time, but I don't know what you're looking at because he ain't listening.

Speaker 14:
[25:41] So if you're in the middle of an aging dispute with an auto repair shop, do they still have a duty to protect your car while it's on their line?

Speaker 3:
[25:48] Yes, they do. It's still in their possession. They should make sure that everything's okay with it.

Speaker 10:
[25:53] Fair enough.

Speaker 14:
[25:53] What do you think, sir? Oh, you're hiding. Will it go to you?

Speaker 17:
[25:55] Oh, yeah. Absolutely.

Speaker 20:
[25:57] I mean, that's the professional thing to do.

Speaker 2:
[25:59] They took possession of your car.

Speaker 17:
[26:00] They need to take care of it.

Speaker 14:
[26:01] Fair enough. Last word, sir.

Speaker 17:
[26:03] As the garage keeper, he has the responsibility while it's in his care custody control.

Speaker 14:
[26:07] Smart people going inside the courtroom.

Speaker 10:
[26:09] Now, you leave the car there for him to fix it, and then something else happens. What happens?

Speaker 18:
[26:17] The air condition wasn't working. I said, Richie, can you fix my air condition? He said yes. Now, to put Freon...

Speaker 10:
[26:23] Is this yet another time?

Speaker 18:
[26:24] No, this is right when the car was there with the fan. Now, it only takes 5, 10 minutes to put the Freon in the car. And the car was sitting there for weeks. So while the car was there, I'm waiting for him to put the Freon in. He calls me and tells me that somebody had broke in to the car and stole the radio.

Speaker 10:
[26:45] What happened?

Speaker 19:
[26:47] About the burglary, the car's out. Another couple of months went by. Trying to get in touch with him to pick up his car. He never picked it up, never returned the calls.

Speaker 10:
[26:56] Do you have any proof of what you just said?

Speaker 19:
[26:57] No, I do not.

Speaker 10:
[26:58] Okay.

Speaker 19:
[27:00] The battery was dead. Boosted every morning, every night when I went home.

Speaker 10:
[27:05] You boosted the car twice a day?

Speaker 19:
[27:07] Yes, absolutely. Did that for about a month or so until I couldn't get in touch with him, and then I left it outside.

Speaker 10:
[27:12] And then you put tape on the window. Why would you put tape to cover his window and ruin his paint job? Why wouldn't you just put it inside the lot where the rain wouldn't get to it? Why wouldn't you call him? You had a cell phone number for him?

Speaker 19:
[27:26] Yes.

Speaker 10:
[27:27] Did you get any calls from him telling you to pick up the car?

Speaker 18:
[27:29] The same phone call that I was talking about with, he was saying that his worker has so much work, blah, blah, blah, was when he told me that the car had gotten broken into.

Speaker 10:
[27:40] Okay. Did you call the police when the break-in happened?

Speaker 19:
[27:43] No, I did not make a police report because there was no plates on the car. It wasn't registered, and I did not have the original loan. I could not get in touch with him.

Speaker 10:
[27:49] But according to you, you have a feeling that you know who it is that did the break-in.

Speaker 19:
[27:52] I knew who it was. I went to the kid's house.

Speaker 10:
[27:54] How did you know who it was who did the break-in?

Speaker 19:
[27:56] Because that kid tried to sell the radio to the luncheonette off the block, and the guy called me. My God.

Speaker 10:
[28:01] So why didn't you call the police on the guy?

Speaker 19:
[28:06] Because I wanted him to go with me.

Speaker 10:
[28:07] You didn't want the police snooping around your place either?

Speaker 19:
[28:09] No, not at all. I had no problem with that. All right.

Speaker 10:
[28:12] What am I supposed to do now with the damage to his paint job? What kind of tape did you use to tape it?

Speaker 19:
[28:17] I used masking tape. It was just tape to put a window. It was raining. I didn't want the car to get wet, only to make sure nothing happened to the car. I just wouldn't answer the phone.

Speaker 10:
[28:26] And again, you did not bring me phone records to show the number of times you called him.

Speaker 19:
[28:30] No.

Speaker 10:
[28:30] Okay. I find in favor of the plaintiff in this case, I do not find in favor of you $3,000 for stress and aggravation. If that was actionable, I would be making a lot of money for my stress and my aggravation. I find, I do not find in your favor on the radiator issue. I think that you would need some expert testimony from someone else saying that it was something that he did rather than that the item itself split. I do find in your favor for the paint and I find in your favor for the radio. And therefore, I find in your favor in the amount of $1,530.54. Verdict for the plaintiff.

Speaker 6:
[29:10] Let's see what the car guy has to say. The defendant comes out well on the losing end of this case, although he didn't collect everything you sued for. What is your reaction to how this came out?

Speaker 19:
[29:18] It's the way it goes. I mean, I just, it's not the truth, but.

Speaker 6:
[29:21] What is it?

Speaker 19:
[29:22] Of what the judge ruled in favor of.

Speaker 6:
[29:25] You think you handled the car correctly in every which way here? Absolutely. Well, the judge disagrees, especially on the paint, the radio.

Speaker 19:
[29:34] The radio wasn't my fault. He didn't pick the car for months on end.

Speaker 6:
[29:37] Why would he avoid you like that?

Speaker 19:
[29:39] I don't know.

Speaker 6:
[29:40] Come on, give me something.

Speaker 19:
[29:42] It's Queen's. How's that?

Speaker 6:
[29:43] Queen's, luncheonettes.

Speaker 19:
[29:44] There you go.

Speaker 6:
[29:45] Head right around the corner, OK? All right, so step on in here. Step on in. You satisfied with what you came out with? Not everything you sued for?

Speaker 18:
[29:53] I'm pretty much satisfied, yes.

Speaker 6:
[29:55] Why would he handle your car like that? Why wouldn't you pick it up?

Speaker 18:
[29:59] To be honest, there's like four mechanics on that block, and I actually had one to the wrong one.

Speaker 6:
[30:04] He was the wrong one?

Speaker 1:
[30:05] You didn't mean to go?

Speaker 18:
[30:06] Yeah, it was the one next door. My aunt sent me to that block, and it happened to be the mechanic next door I was supposed to go to, and I wind up going to him.

Speaker 6:
[30:13] Why didn't you just take your car and go to the right one?

Speaker 18:
[30:15] Because he had already put the motor in. He had already pulled my motor out, and he was doing sneaky stuff like a little cockroach, like sneaking around doing stuff.

Speaker 6:
[30:25] Okay, Harvey?

Speaker 14:
[30:26] Okay, this is called a bailment for hire. What that means is, is that you have to use ordinary care to protect the property that's in your possession if you were making money off of, say, a repair shop or whatnot. And the fact is, the defendant didn't do the job. That will do it for this case, litigants, for the next case on the way into the courtroom right now.

Speaker 3:
[30:45] Pepsi prebiotic cola, an original and sherry vanilla. That Pepsi taste you love, with just 30 calories and no artificial sweeteners. Pepsi prebiotic cola. Unbelievably Pepsi.

Speaker 6:
[31:02] This is the plaintiff, Patricia Core. She says she went to Mexico for a week's vacation and when she returned home, she couldn't believe her eyes. Hurricane Sandy had destroyed her place. When she called the defendant or landlord and asked for her security back, he pretty much laughed at her and then cursed her out. Bottom line, she wants the $5,000 he owes her and is suing for just that today. This is the defendant, Joe Niddy. He says, the woman's son who just got out of jail decided to treat the plaintiff's apartment like a frat house and partied it up while she was in Mexico for a vacation. The son violated the lease. He was evicting them before Sandy hit. And his lease states, if you break any terms of the lease, you forfeit your security. Sorry, lady, you lose. He's accused of causing a storm of controversy.

Speaker 13:
[32:03] All parties, please, ready.

Speaker 14:
[32:05] Welcome back to The People's Court. Next case on the dock. The plaintiff went on what she thought was a fabulous vacation, but when she returned, her place was a disaster thanks to Hurricane Sandy. And she can't even get her security back. But the defendant says the storm should have been called Hurricane Plaintiff based on the damage she did. It's the case of raising hurricane.

Speaker 10:
[32:24] Thank you, Douglas. Okay, Patricia Quart.

Speaker 11:
[32:27] Yes.

Speaker 10:
[32:28] You are suing James Joe 1 LLC, represented here by Joe Niddy.

Speaker 14:
[32:34] Yes.

Speaker 10:
[32:34] Okay. You're a co-owner? Who's your other co-owner?

Speaker 20:
[32:38] James Hyler.

Speaker 10:
[32:39] Again, that's you?

Speaker 20:
[32:40] Yes.

Speaker 10:
[32:40] Okay. For $5,000, the statutory maximum in your state in this type of case, $16.75 in security deposit, your portion of the November rent, $129, plus double damages of $31.96, which I guess you picked in order to get to the $5,000, but we'll do the math later. Okay. Tell me what's going on.

Speaker 11:
[33:01] Your Honor, I went to Mexico from October 29th to November 3rd.

Speaker 10:
[33:05] And what did you go to Mexico for? Vacation?

Speaker 11:
[33:07] Yes.

Speaker 10:
[33:07] Okay.

Speaker 11:
[33:07] To where?

Speaker 10:
[33:08] Cancun?

Speaker 11:
[33:09] Riviera Maya. Okay. I come back home to the house being destroyed, the Hurricane Sandy happening. I can't get in the house because the house is destroyed.

Speaker 10:
[33:17] Why?

Speaker 11:
[33:18] Because of the storm.

Speaker 10:
[33:19] Which storm? Your son or Hurricane Sandy?

Speaker 11:
[33:21] Hurricane Sandy.

Speaker 10:
[33:22] Okay. Because you know what they're saying, right?

Speaker 11:
[33:23] My son, there was two little holes in the wall. I had him fixed.

Speaker 10:
[33:26] Okay. How old is your son?

Speaker 11:
[33:28] 23.

Speaker 10:
[33:29] Where had your son come from?

Speaker 11:
[33:30] He came out of jail and he was on an ISP program.

Speaker 10:
[33:34] What is an ISP program?

Speaker 11:
[33:35] Intensive Supervision Program.

Speaker 10:
[33:37] Did you get the landlord's permission for him to live there?

Speaker 11:
[33:39] I requested permission from him about four times and he never got back to me.

Speaker 10:
[33:43] So why did you let your son live there?

Speaker 11:
[33:44] I was moving anyway to get a two-bedroom because it was a little one-bedroom box apartment.

Speaker 10:
[33:49] So you didn't care about following the rules?

Speaker 11:
[33:50] I don't even have a signed lease with them.

Speaker 10:
[33:53] Does she have a signed lease with you?

Speaker 11:
[33:54] No.

Speaker 7:
[33:54] Yes, Your Honor, I have the lease with me.

Speaker 10:
[33:56] Can I have a copy of the lease?

Speaker 11:
[33:58] The first year I moved in, there was a signed lease.

Speaker 10:
[34:01] Oh, but it had expired?

Speaker 11:
[34:02] Yes.

Speaker 10:
[34:02] Yeah, but you know when you stay over that, you know, the terms that you have with the person, they don't magically become something different without a superseding paper. And in this, it says that you can't have anybody living there that you don't have the landlord's permission, right? Is that a yes?

Speaker 11:
[34:17] Yes.

Speaker 10:
[34:17] All right. So you leave your son there and you go on a trip to Rivia Ramaya.

Speaker 11:
[34:22] Right.

Speaker 10:
[34:23] And you come back. Did you know the hurricane was coming when you left?

Speaker 11:
[34:27] No. The storm happened on the 29th. I'm sorry. I left on the 26th.

Speaker 10:
[34:30] Oh, you left on the 26th.

Speaker 11:
[34:31] I'm sorry.

Speaker 10:
[34:31] Okay. So it's the 26th through the third.

Speaker 11:
[34:35] Right. It was from a Friday to a Friday.

Speaker 10:
[34:37] Okay. So the storm hits. And when you come back from vacation on November 3rd, what do you see?

Speaker 11:
[34:43] The house being destroyed.

Speaker 10:
[34:44] How is it destroyed?

Speaker 11:
[34:46] Do you have pictures? Yes.

Speaker 10:
[34:47] Yeah. Let me see. Is it a house that you're renting?

Speaker 11:
[34:52] It's an apartment complex.

Speaker 10:
[34:53] An apartment complex. And it is just...

Speaker 11:
[34:57] Wow.

Speaker 10:
[34:58] This is your actual apartment?

Speaker 11:
[35:00] This is the outside of the bottom floor. My apartment was upstairs. Oh.

Speaker 10:
[35:04] Show me the pictures of your apartment. You said your apartment was destroyed.

Speaker 11:
[35:08] It should be in there.

Speaker 10:
[35:10] Is that the hole that you're talking about, two little holes?

Speaker 11:
[35:13] Yeah.

Speaker 10:
[35:13] But this is after the storm?

Speaker 11:
[35:15] No, that was before the storm.

Speaker 10:
[35:16] Oh, it's nothing to do with the storm? No, that's it. Because you're telling me it's uninhabitable and blah, blah, blah.

Speaker 11:
[35:19] Well, no, it's uninhabitable because there's no running water. The building is condemned. Okay. Because as soon as I got back, they told me right then and there, you don't have a home to go to.

Speaker 10:
[35:28] Did your son stay there?

Speaker 11:
[35:29] No, he was locked out of the house because they broke the key off in a deadbolt.

Speaker 10:
[35:32] Who did?

Speaker 11:
[35:33] The landlord.

Speaker 10:
[35:34] Okay.

Speaker 11:
[35:35] To not let him back in there.

Speaker 10:
[35:36] So go on.

Speaker 11:
[35:37] So now I had to wait a couple more days to get in to get a locksmith.

Speaker 10:
[35:41] Do you communicate with the owners or their management company?

Speaker 11:
[35:44] Yes.

Speaker 10:
[35:45] And what did they say to you?

Speaker 11:
[35:46] I said, Joe, and he said, yes. I said, this is Patricia Core, 129B, and he goes, oh, my new favorite person. I said, excuse me, what does that comment for? Well, your son had a great time. Were you away? Well, your son put holes in the walls and the one hole was put there from me. The other one was put there from him. I fixed them both. I paid for them to be fixed. I said, I'm only calling you to get my security back so I can move. So I get off the phone with him. I spoke to one of my girlfriends. She says, don't talk to him anymore on the phone. Don't subject yourself to being spoken to like that. Just file a claim in court. So that's what I did. Okay.

Speaker 10:
[36:19] Let me hear your verdict.

Speaker 7:
[36:21] Your Honor, it is true that Storm Sandy came, but she violated our lease in several items, having her son live there without our permission. The police had to come several times.

Speaker 10:
[36:36] Do you have any proof of that?

Speaker 7:
[36:37] I do. I have five or six call sheets.

Speaker 10:
[36:41] Do they have the dates on them?

Speaker 7:
[36:42] They have the dates on them and the time and the cause.

Speaker 10:
[36:46] 1023, 1027, 1028. What were the police being called for?

Speaker 14:
[36:53] So if the son caused more damage than the amount of security, should the landlord be able to keep the security deposit? What do you think?

Speaker 12:
[36:59] I think he should be able to keep it. I think that's reasonable.

Speaker 14:
[37:02] Because?

Speaker 12:
[37:04] I just think...

Speaker 14:
[37:04] Well, obviously, because the damage was dead. Now what about the argument that the hurricane trashed the building anyway?

Speaker 11:
[37:09] But there's proof that the son did the damage. It's the son's fault.

Speaker 13:
[37:12] That's what the lease provides, I'm sure, as well.

Speaker 14:
[37:14] Well, the lease provides that the tenant's responsible for damage and there was damage to the unit.

Speaker 13:
[37:17] Correct.

Speaker 14:
[37:18] End of story.

Speaker 13:
[37:19] Yeah, end of story.

Speaker 14:
[37:20] Fair enough, going inside the courtroom.

Speaker 7:
[37:21] The place was being treated like a fraternity house. There were beer bottles being thrown out of windows. There were football games being on the lawn. Disruptive, loud music.

Speaker 10:
[37:31] Okay.

Speaker 7:
[37:31] In the letter, I outlined the violations and I also outlined where she forfeits her security because of these violations.

Speaker 10:
[37:39] Where in the lease does it say that? Tell me where you want me to tell you.

Speaker 7:
[37:42] Paragraph 9. Yep.

Speaker 10:
[37:44] Show me where to read.

Speaker 7:
[37:45] Do you have this letter?

Speaker 10:
[37:46] I not only have a letter.

Speaker 7:
[37:48] Okay.

Speaker 10:
[37:48] I went to Georgetown Law School. I'm asking you to show me, not because I'm a dunce, but because I don't see it. You're telling me I don't have to prove the damages, I get to just keep it because she violated. Show me where it says that. Or is it just a regular lease like every other lease says, which is, if you violate the lease and you cause me damages, I keep your security deposit to cover it.

Speaker 7:
[38:06] That's the second thing, Your Honor.

Speaker 10:
[38:07] Let's move on from there. So now you're gonna show me pictures of cigarette burns and that kind of thing in this rug. Because even if the building is condemned, it doesn't mean he has to take a wrecking ball to the building. It means he has to fix the things that are wrong. But if you damaged it and not Hurricane Sandy, you have to pay for it and not Hurricane Sandy.

Speaker 7:
[38:24] Get it?

Speaker 10:
[38:24] Okay. So I'm looking at the rug.

Speaker 7:
[38:27] I put some before and after photographs there.

Speaker 10:
[38:29] All right.

Speaker 15:
[38:29] So this is the before.

Speaker 10:
[38:31] Okay. And then this is the after. Okay. So there's a bunch of stains on the carpet. Do you smoke?

Speaker 11:
[38:37] Yes. But outside.

Speaker 10:
[38:39] Did you take pictures when you left?

Speaker 11:
[38:41] Yes.

Speaker 10:
[38:42] Can I see your pictures?

Speaker 11:
[38:43] I only took pictures, those two pictures of the wall.

Speaker 10:
[38:44] But what are you going to tell me about the carpeting? Because I have pictures of the carpeting before.

Speaker 11:
[38:47] The only thing I can say, I would have done it, but there was no electricity and no running water to clean it.

Speaker 10:
[38:52] All right. At some point during the first day, the first days back, there was a meeting of some kind in the building, correct?

Speaker 11:
[38:59] Right. One of the women that lived there, Fran, I was upstairs with my girlfriend, Lori Packing. And she says, Patty, come down. We're having a meeting with the landlord and the tenant. So I asked Lori to go down with me and she did. Coming up, Lori. So I says, who's Joe? And he says, it's me. I said, can you do me a favor? I'm Pat Khor from 129B. Please don't talk to me vulgarly. He goes like this and quote, you, you're a piece of crap. Your son's going to jail. You're going to probably follow him into jail.

Speaker 8:
[39:27] Were you there? Yes. I made her go down to see, because I wanted to see what he had to say. Because like I said, there was no running war. He couldn't even live there. So I wanted to hear what he had to say.

Speaker 10:
[39:37] He didn't cause a hurricane.

Speaker 8:
[39:38] Yeah. No, no. That's what I'm saying. Right. And you know, he spoke very vulgar language.

Speaker 10:
[39:43] Were you cursing her out on the phone, Joe? Who's Joe?

Speaker 7:
[39:45] I'm Joe.

Speaker 10:
[39:45] Were you cursing her out on the phone?

Speaker 7:
[39:47] I don't speak like that.

Speaker 8:
[39:48] Okay.

Speaker 10:
[39:50] Did he speak like that according to you in front of you?

Speaker 8:
[39:52] Exactly what she said with the son and you know, that he's screwed up and she's right behind him and you know.

Speaker 10:
[40:00] Did you say that to her?

Speaker 8:
[40:01] Well, I don't want to curse, but you know. I did not. And then.

Speaker 10:
[40:04] Were you at that meeting?

Speaker 20:
[40:05] Yes, ma'am, I was.

Speaker 10:
[40:06] Did you see that little confrontation?

Speaker 20:
[40:08] I gotta admit, we didn't have a whole lot of real good things to say about her son, just because of all the police reports, complaints from the tenants down there, but I did not hear Mr. Niddy swear at the plaintiff over.

Speaker 10:
[40:18] Okay. Were you asking for your security deposit at that point?

Speaker 11:
[40:22] Yes, and it wasn't there yet.

Speaker 10:
[40:23] Okay, can I see your bills for the repairs to that apartment?

Speaker 7:
[40:27] Has not been repaired yet. It's unhabitable because there's no utilities. Her unit was not affected except for utilities.

Speaker 10:
[40:35] Now, still?

Speaker 7:
[40:36] Yes, that's correct.

Speaker 10:
[40:36] Really? Do you have estimates for me so that I can figure out how much of the deposit you should be able to keep?

Speaker 7:
[40:42] I brought no estimates.

Speaker 10:
[40:43] Okay, because I think that I've explained to you what you get to keep is what you're damaged. So you would always in this position have to prove what your damages are.

Speaker 7:
[40:52] The other damages to the property, Your Honor, are that one tenant just refused to live there anymore.

Speaker 10:
[40:57] Do you have any proof of that?

Speaker 7:
[40:59] I have letters from the tenants.

Speaker 10:
[41:01] Okay, can I see the letters?

Speaker 7:
[41:03] Yes.

Speaker 10:
[41:04] Did anybody actually move as a result of the son?

Speaker 7:
[41:07] Yes, but I don't have their letter. But I have the letters from the other tenants.

Speaker 10:
[41:12] Complaining?

Speaker 7:
[41:13] Complaining.

Speaker 10:
[41:14] She has people living in her apartment. They're causing damage. I think her son is living there while she's in Mexico. I want you to know this apartment complex is out of order because of PAC-Corps and the people living with it. Really? It's not out of order because it's condemned? All right. I got it. Let me tell all of you a couple of things. You, next time you leave an apartment, make sure to take pictures. Yes, ma'am. Okay? If you've damaged the carpet, part of your secret deposit they can appropriately keep for this problem. Do you know what you paid for that carpet?

Speaker 7:
[41:42] $1,500.

Speaker 10:
[41:44] How do you know?

Speaker 7:
[41:45] We replace carpets when tenants leave, and that's the price of cost per unit. It's the contractor's price we have.

Speaker 10:
[41:51] All right, we're done. Between the carpeting and the wall, he would be entitled to keep the security deposit. Those are damages that occurred and that are going to have to be cleaned up by him before he can re-rent the place. They have other issues about that building, but that doesn't mean that they're not going to have to fix this before they can re-rent that place. And you just, you can't get the security deposit back based on what I'm looking at there. Frankly, if I were you, I would make my son pay you, unless maybe some of that carpeting was your fault, too. But that's my verdict, verdict for the defendants, okay?

Speaker 6:
[42:26] So the defendant does keep the security. What's you feeling on the outcome?

Speaker 11:
[42:31] There were no cigarette burns in that carpet when I left. The kitchen was spotlessly cleaned, as well as I could do with no running water or electricity.

Speaker 6:
[42:37] Okay, and how about your son's wild parties and stuff like that? Sounds like he had a good time.

Speaker 11:
[42:42] What 23-year-old do you know, when a parent goes on vacation, don't have people over?

Speaker 6:
[42:46] What about yours?

Speaker 11:
[42:47] What about mine? They'll never do it to me again.

Speaker 6:
[42:49] Will you make him pay for some of the damages, teach him a lesson, or?

Speaker 11:
[42:52] No.

Speaker 6:
[42:52] Let him slide on this one?

Speaker 11:
[42:53] No.

Speaker 6:
[42:54] Okay. All right. Right down the hallway there. Can you step in here and tell me what's your feeling on how this came out?

Speaker 7:
[43:01] I think we're both pretty happy about the way it came out.

Speaker 6:
[43:05] You're going to rebuild this place after Sandy?

Speaker 7:
[43:07] We're in the process of that now. And again, the offenses happened before the storm. And you have to protect the integrity of the complex, and you have to abide by the rules and regulations of the...

Speaker 6:
[43:17] You're going to reopen it after Sandy?

Speaker 7:
[43:19] Yes, we are.

Speaker 20:
[43:19] We'll do our best. Harvey?

Speaker 14:
[43:21] To reinforce what the judge said, pictures are critical in these cases. And by the way, from both the landlord and the tenant, when you move into an apartment unit, take pictures. And when you move out, take corresponding pictures. It makes all the difference.