03x07 - The Tenant's Revenge

[bunniefuu]

You rented a room
in a house that you own.

I was being harassed so much.

Filming me with cameras in the house.

Making my life a living hell.

You don't like
where you're staying, move.

I called the police four times. I filed...

I'm telling you to move!

[announcer]
This is Judy Justice.

[theme music playing]

[announcer] Keith Pascariello is suing
his former landlord, Brandon Hubbard,

for destruction of property,
a security deposit, and harassment.

[Kevin]
Court, come to order. All rise.

Have a seat, please.

[Kevin]
Hello, Judge.

Case number 3037,
Pascariello versus Hubbard.

Oh, my goodness.

Mr. Pascariello, you all seem to have
a lot of things that you've brought to me.

And I actually think that
you're all overthinking this case.

I, however, am not overthinking it.

It's relatively simple.

You rented a room from the defendant.

In a house that you own?

-Yes, ma'am.
-[Judy] It didn't work out.

They didn't like,
he and his girlfriend?

-[Brandon] Fiancée.
-[Judy] Fiancée.

Didn't get along with you,
you didn't get along with them.

You had problems
with each other's lifestyles.

You are no longer there
and you want your security deposit back.

Which I, of course, will entertain.

But you're asking for
emotional distress, nuisance,

filing a false restraining order,
harassment...

That's not happening.

I want you to get over that.

You had a tenancy that didn't work out.

And if it didn't work out

and if you didn't do anything
to the property,

you're entitled
to your security deposit back.

You moved in when?

-December first.
-What do you do for a living?

I own a company.

[Judy]
What kind of company?

It's a janitorial company.

[Judy]
For how long?

[Keith]
Approximately nine years.

[Judy]
Do you have employees?

-[Keith] Yes.
-[Judy] How many?

Approximately 20.

[Judy] You pay them on the books
or off the books?

On.

Was this an interim room
that you were renting from him,

or were you planning on
staying here for a long time?

It was a six-month lease.

[Judy]
Is there any reason why you took a room,

if you have a company for nine years
with 20 employees

that you pay on the books,
that you were living in room?

Yes, I'm going through a divorce.

I moved to Los Angeles, 2007,
and got with my wife for 15 years.

We're going through a divorce
and during the pandemic...

She was raised in Riverside,
so I had to follow her

all the way to Riverside
'cause she has three of my children.

I don't have any family or friends here
on this side of the country.

I'm from Florida.

So I was by myself
and I had to rent a room by myself.

[Judy] And the children stayed
with their mother in the house?

-In your property?
-Yes.

We are currently
going through a custody battle.

So what you're telling me is that
a room was what you could afford.

-That's all I could afford at the moment.
-[Judy] Okay.

We're still going through
community property and stuff.

Okay.
So you found his room.

I was moving from one house to another
because they were selling their home.

The housing market
is very, very bad right now.

It's very hard to find rent
in what I can afford.

So I found his along with two others.

And I liked his location.

And I moved in under the lease agreement
that he presented to me.

Okay. So he presented
a lease agreement to you.

You signed it.
Do you have a copy of it?

-Yes, I do.
-[Judy] I'd like to take a look at it.

[Brandon] Your Honor,
there's a couple of discrepancies with...

-Just a second.
-[Brandon] Sorry.

[Judy]
I didn't ask anything yet.

There are no discrepancies.

He rented a room from you
and he signed the lease.

I asked him to see the lease.

He started moving his belongings
in November 13th of '22.

And?

Then he officially moved himself in
on December first.

Why is that important?

When he moved in,
he brought a refrigerator

into the house
that was infested with roaches.

[Judy] Just a second.
[laughs]

-Do you have a copy of the lease?
-Yes, I do.

I'm trying to go through it.
I have so much here.

[Judy]
I know you have a lot there.

[Keith]
Okay, here it is.

I found it, by the way.

All right, there's a very big lease
with your signature on it,

on November seventh.

Okay, so now I have the lease.

You moved in on December 12th.

When did you move out?

When my girlfriend got back
from her trip from Spain and Italy

is when I was able to move
'cause she was able to help me.

I couldn't do it by myself.
I don't remember the exact...

You have the date when he moved out?

[Brandon] Uh, yes.

So I have a timeline here.


and at that point...

-[Judy] Okay, 4/'21.
-Yep.

And what was the monthly rent, sir?

One thousand.

[Judy]
And how much was your security?

[Keith]
Five hundred.

If I could say, Your Honor, I'm not here
because we had a little spat.

[Judy] No, I know you didn't have a spat.
It was a terrible four months.

It's a breach of a lease, Your Honor.

I mean, they had three rules.

It says it right here in his lease,
"Three rules and regulations."

And on the 17th,
I got a new set of rules.

Then I was only told
I can do my laundry once a week.

Then I was told that my girlfriend
couldn't stay past 9:00.

The rules were changing
as they went on,

making my life a living hell.

Well, then you move.

How old are you?

I'm gonna be 50
and this is my very first...

[Judy] You're gonna be 50.
Just a second. You're gonna be 50.

-Yeah.
-[Judy] Okay.

And, you know, rules
are what people live by.

I assume that
that's one of the reasons

that you're going through a divorce
and you have custody

unless it was a girlfriend or a boyfriend.

I don't know which one it was,
and I actually don't care.

What I'm telling you is,
if something is terrible

and you're 50 years old,
you say, "I'm done here, I'm leaving."

I was gonna do that, Your Honor.

I was looking for places to stay.

The housing market
is almost impossible in...

So what? That's not his fault.
That's your fault.

It's not his fault for taking away
my quiet, peace, and enjoyment of life?

Filming me with cameras in the house,
not telling me I'm being monitored?

Let me explain something to you, sir.

You're a big boy.

I say this to people all the time.

You don't like
where you're staying, move.

-[Keith] I couldn't.
-Sometimes...

Sometimes, I have sympathy

for somebody who is really down and out,

and they say, "I really can't
cobble the money together

to find a month's rent
and a month's security.

I was trying to save my money."

That's not in your case.

You've had a business for nine years with


And you have three children.

So that's not your situation.

What I'm telling you is,
not everything is a lawsuit.

And I know that
you're suing him for $10,000

because he violated
the peaceful enjoyment of your life.

Okay, move.

So... [chuckles]
I don't necessarily believe it,

but I actually find it amusing
for a lawyer to tell you,

"Well, stop paying rent
and you'll deal with it

when you come up
with an unlawful detainer,"

because you are staying
without paying rent.

[laughs]

[theme music playing]

[announcer] Keith Pascariello claims
his former landlord, Brandon Hubbard,

destroyed his property
and harassed him.

Brandon is countersuing
for pest control fees

and filing a false restraining order.

You're a grown man.

You run a big business.

You're not supposed to stay
in a place that's terrible.

Judge, the business is in
community property right now and...

[Judy]
I don't care. That's not his fault.

I don't own the full business.
I don't get the full money.

Just, hey, I'm telling you,
I asked you what you did.

You said, "I own a business.
I have 20 employees."

-It's ours.
-[Judy] "It's a janitorial business.

And I needed a place right away.
I took his room."

And what I'm telling you is...

-You have a car?
-[Keith] Yes, I do, Your Honor.

[Judy]
Where does your girlfriend live?

-She lives two cities away.
-[Judy] Okay, well...

[Keith] But there's another
aspect of this, Your Honor.

That's why there's
so much evidence up here.

I was being harassed so much
that I didn't know what to do anymore.

I was given advice by an attorney,

"Stop paying him
and you will deal with it

when you go to
the unlawful detainer hearing

and we'll see if it gets solved there."

You went to an attorney?

-Just a second.
-Yes.

You consulted with an attorney
who gave you advice?

Yes.

Is this an attorney that you knew,
who worked for you?

Or is this someone that you found

that was a specialist
in this field of landlord and tenant?

It's someone that was a specialist
in this field.

Problem is, this is Riverside,
and this is Los Angeles.

He's a Los Angeles attorney.

[Judy]
I don't care.

Now, lawyers don't work for free.

-What did he charge you?
-Nothing. It was a consultation.

[Judy]
Charged you nothing for a consultation?

It was a 20-minute conversation.

-[Judy] Twenty minutes?
-Yes.

I get a bill for 20 minutes for $750.

I don't know how you got
your consultation for nothing.

So... [chuckles]
I don't necessarily believe it,

but I actually find it amusing
for a lawyer to tell you,

"Well, stop paying rent
and you'll deal with it

when you come up
with an unlawful detainer,"

because you are staying
without paying rent.

[laughs] I mean, that's...

Your Honor, I filed an incident
with Fair Housing.

I called the police four times. I filed...

I'm telling you to move!

-[Keith] I couldn't, Your Honor.
-You're not...

-What are you? No.
-I couldn't move.

-[laughs]
-[Keith] I couldn't. I couldn't move.

Okay, Mr. Pascariello,
I can't help you, sir.

You want your security deposit back,
I have to see if you left a mess.

If you didn't leave a mess,
then you get your $500 security back.

Except I have a question.

-Did you paid December's rent?
-[Keith] Yes, yes.

-[Judy] Did you pay January's rent?
-Yes.

-[Judy] February?
-[Keith] Yes.

-[Judy] March?
-He did not pay February.

-Just... Don't speak!
-Sorry.

[Judy]
March's rent?

I didn't pay March or April,
but it was already litigated.

[Judy]
No, no, no, no. I don't care.

-Shh. You moved out April '21?
-Yes.

[Judy] Did you pay March's rent?
I'm gonna ask you for proof.

I don't believe I paid March's rent.

Okay, so you didn't pay
March's rent of $1,000.

So already you don't get
your security deposit back.

But he was already awarded this
in a previous case.

[Judy]
What previous case?

In a previous case, he was awarded
in the unlawful detainer hearing.

The judge granted him March and April.

Oh, so we got March and April's rent?

[Keith]
Yeah, he got March and April.

-Oh, and just a second.
-[Keith] He didn't receive it yet. Yeah.

Did you pay him March and April's rent?

No, I haven't, not at the moment.

[Judy] Oh, well, that,
I'm not an appellate court.

You have to go get that
from someplace, sir.

You have to get that from him.
You have to file a judgment.

You have to attach his business.

You have to do what you have to do
if the judge awarded you March and April.

-I understand.
-[Judy] Which I would have considered.

Anyway, Mr. Pascariello,
I'm done with your case.

I'm gonna get to the counterclaim.

You're not entitled
to security deposit back

'cause you didn't pay rent
for two months.

Okay, now let's get to your counterclaim.

You had a hearing before a judge
in an unlawful detainer?

-Yes, we did.
-Okay, and you testified?

-[Judy] Speak.
-Sorry. Uh, we...

[Judy] Not we,
that's either a yes or a no.

-Did you testify?
-Yes.

Did somebody say, "Raise your right hand,
you swear to tell the truth?"

Yes.

-[Judy] And the judge asked you questions?
-Yes.

-[Judy] And you answered questions?
-Correct.

-Did the same thing for him?
-[Brandon] Yes.

And they ordered him
to pay the two month's rent?

[Brandon] Yes.

-[Judy] And then he left?
-[Brandon] Yes.

[Judy] And he's no longer living with you
as of April 21st?

-Correct.
-[Judy] Okay.

What did you tell that judge
that he owed you, aside from rent?

-Uh...
-[Judy] "Uh" is not an answer.

What did you tell the judge
that he owed you,

other than March and April's rent?

I told the judge that he owed me
for the court harassment hearings.

[Judy]
Now, just a second.

I'd like to see where you...don't...
not from a book that you have.

Sorry.

[Judy]
Show me where you told the judge

other things that
you were claiming he did,

including the parking fines
in the development.

So this is everything
that he owes me here.

I didn't ask you
for everything he owes you.

-With the receipts.
-[Judy] That's not what I asked you.

I said, "What did you tell the judge
in the previous hearing that he owed you?"

I only asked for the back rent due.

Oh, so what are you showing me?

[Brandon]
This was for the small claims case.

Just a second.
So after you went before a housing court

to get him out
because he hadn't paid rent,

you went to small claims court.

I was just responding to a civil case
that he had filed against me.

[Judy]
Well, his civil case is dismissed.

Okay? He hasn't paid
a judgment that he owes.

May I see that, please?

[Keith] Your Honor,
he also asked the judge.

-Just a second.
-[Keith] He also...okay.

-Just a second.
-[Keith] Sure.

[Judy] Okay.
"Value of the remainder of the lease."

-That, you're not getting.
-Okay.

[Judy] You happy to see him go?

-Yes.
-[Judy] Great. He's gone.

"Court filing fees."

I may think about that

because he stopped paying rent
on the advice of some idiot lawyer

that he followed,
this man who owns a business.

"Sheriff's filing fees."

What fees were that for?
For the unlawful detainer?

That's to serve him
the eviction paperwork,

to post it on the door.

"Crisis management fees."
What is that?

That was for my advice to,
like, with the lawyer.

Ah, you don't get that.

"A valve that went over..." something.

Oh, his parking ticket.

Yeah, he got a parking fine
when he was living there.

[Judy] Oh, well, I have that.
"A parking fine."

-[Brandon] Yes.
-[Judy] Are you responsible for that?

[Brandon] Yes. I already paid it.
I have the receipt here.

[Judy] All right, can I see?
How much was the parking fine?

The parking fine was $50.

Okay. Did you know that
you got a violation, sir,

Mr. Pascariello,
when you were parking?

Yes, Judge. I would love to explain that.

In one of the text messages
that I have,

Allie, his fiancée,
threatened to have my car ticketed.

I had been living in Canyon Lake
for three years.

I had never even came close
to getting a ticket.

Ironically, two weeks later,
I get a ticket right after she threatens

to have my car ticketed to the POA.

Now, to my understanding,
she's been in Canyon Lake

for a very, very long time
since she was a little girl,

and she has relationships there.

-I just...
-[Judy] I don't know.

You can't prove any of that, sir.
You got a ticket.

You got a ticket.
They have a picture.

You have a car
that the license plate is...

I also have a text message
of her saying she's gonna...

Just a second. I'm just asking you
whether that's your license plate.

Yes, it is.

When the harassment wouldn't stop,
I filed a restraining order.

Well, this is your filing against him.

So I did file one,
once he started getting aggressive.

What happened with those cases?

-Um, his was...
-[Allie mumbles]

Don't speak from your chair.

Do you hear me?

[theme music playing]

[announcer] Keith Pascariello
has accused his former landlord,

Brandon Hubbard, of destroying
his property and harassing him.

Brandon is countersuing
for breaching the lease

and filing a false restraining order.

This is a filing fee
for small claims court.

That, you're not getting.

Your Honor,
I wouldn't have to have...

[Judy] Writ of possession is $40.
Is that what you're talking about?

-The writ of possession?
-Yes.

[Judy] That, you're entitled to
because he stopped paying rent.

So far, he owes you $90
for the filing fee.

And then I have another receipt
for no return of the POA ID card

-or the POA decal for his car.
-[Judy] What is that?

Because we live
in a gated community,

you have an ID card
that they give you

and a decal that they put on your car
so you don't get tickets.

And?

[Brandon] Or if you do get a ticket,
they know whose house to send it to.

And that was $100 each.

And I have a receipt for that.

Can I see what he's showing you?

[Brandon]
And it says his name right at the top.

-[Judy] Did you pay this bill?
-[Brandon] I did.

[Judy] Would you please, Kevin,
show this to the plaintiff.

You know what that's for?
It's your name on it.

It's a POA card.
That card was thrown away in the trash.

I mean, I don't have no use for it.

[Judy] Well, then that's a problem.
Then you owe him $200.

That's $290.

Anything else, sir?

I believe that the small claims fee is...

Forget it.
I'm not giving you the small claims fee.

-Let's go! Let's go!
-[Brandon] Okay. Um...

I lost another tenant
due to Keith's behavior.

[Judy]
Let's go! Let's go!

-[Brandon] And...
-Let's move on. Move on.

He owes me $900 in lost rent
from that other tenant leaving.

[Judy] No, he doesn't.

-[Brandon] Because he...
-I said let's move on.

[Brandon] Okay.

So far, he owes you $290.

And the court harassment filing fees.

They're charging me $450 to respond
to a restraining order that he put forth.

[Judy]
Oh, just a minute.

Did you file a restraining order
against him?

-[Keith] I sure did.
-Okay.

And when did you file that?

I don't remember the exact date.

[Judy]
Do you have the date?

If you don't remember the date,
do you have it?

-It was January 28th.
-[Judy] January 28th.

That was the day I was
served with the paperwork.

-And my witness...
-[Judy] Of 2023?

Yes.

-My witness was also served with one, too.
-[Judy] Just a second. Just a second.

This is my question, Mr. Pascariello.

You moved out in April of 2022?

-'23, he moved out.
-[Judy] '23.

And when did you file
this harassment case against him

for an order of protection?

I don't remember the exact date.

[Judy]
Well, can I see the papers, please?

I believe I have them here.

When the harassment wouldn't stop,
I filed a restraining order.

Okay, so March 27th...

That's a response. Hold on.

Let's see if I have the actual...

-Filing date: 2/28/2023.
-[Judy] Can I see it, please?

Here's the receipt for the 145
for the evictions process.

I can't hear a word you're saying, sir.
I'm reading.

[Brandon] Okay.

[Judy] Well, this is your filing
against him.

So I did file one a month later,

once he started getting aggressive.

Okay, so he filed one
and you filed one.

So you both bothered the courts.

-Yes.
-[Judy] Both of you.

What happened with those cases?

-Um, his was...
-[Allie mumbles]

Don't speak from your chair.

Do you hear me?

What happened with those cases?

They were both dropped.

Mine was dismissed by the judge.

[Judy]
Just, were they both dismissed?

-They were both dismissed.
-[Brandon] Yes, they were.

[Judy]
That's the answer.

You owe him,
Mr. Pascariello, $290.

We are finished.

-Your claim is dismissed. Goodbye.
-[Brandon] Wait, I have-

-[Kevin] This court is adjourned.
-Judge.

Throwing my property away,
you know, and blaming me

for a roach problem they already had.

He moved a little mini fridge in
that apparently was roach-infested.

I was done with it months ago,
many months ago,

but unfortunately, I couldn't move.

I'm in a town where, you know,

I don't have any friends
or family to help me.

I just met my girlfriend,
and I'm not gonna bring this...

this, uh, you know, luggage on her.
[chuckles] So...

He was trying to squat for free in order
to save money to move somewhere else.

I don't know what he was trying to do.

I'm ready to move forward.

But the thing I'm disappointed about
is not even the money necessarily.

It's about
there's no protection for tenants.

Watch out and really understand
your lease before you sign it.

You know, Sarah, I understand
that you don't completely agree

-with the premise that I start from.
-Sure.

If you hate where you're living
and you have any capability at all,

you shouldn't stay there.

And then if you leave

and your landlord sues you
for a breach of the lease

because you've moved out,
and if you have a legitimate reason

why you moved out,
that you were being harassed,

that your landlord was a peeping Tom,
that he would come into your house

at night and go through your
underwear drawers, whatever it was,

-and we've had all of those...
-Mm-hmm.

...then you entertain that he
had an absolute right to break his lease.

I don't get,

and the example that I always give

and have given for
a quarter of a century is,

if you go to a restaurant
and you order a sirloin steak

and the waiter brings it over
and you cut it and you taste it

and you say,
Oh, my God, this steak is bad,"

and you proceed to finish the steak
and when the bill comes,

you say, "It was the worst steak
I ever ate, I'm not paying the bill."

-Not in my world.
-Mm-hmm.

In my world, if you cut into the steak
and say, "You know what,

I'm not eating this steak
that costs $42,

bring me a bowl of Cheerios for $12,"

that I can understand,
and that's fair.

But if you stay in the house
and eat the steak

and there's not something
that really prohibits you...

I mean, if you're somebody
who is challenged

and you're living in a small group home,

it's not easy for you
to find another facility,

that's a whole different ball of wax.

This is a man who says he's a CEO
of a company with 20 employees.

That's what he told me, and he's living
in a place where he feels harassed

and his girlfriend
can't stay past 9:00.

You know, I have zero sympathy for that.

I can appreciate that.

I think just the undertones,
this particular situation,

I may agree with you a little bit more
after hearing your reasoning,

but I do think it can be more challenging
than you and I realize,

on occasion, to move.

I mean, that can be a big deal.

And, of course, he held himself out
as a CEO with 20 employees

in what he said
was a successful business.

I'm thinking that that wasn't the case,

and he was a little maybe
too embarrassed to state that.

But that was my position, so...

Well, yeah,
but that's the answer he gave me.

If you have the opportunity to leave,
that's what you should do.

-I agree with that.
-[Judy] And he left.

And he came here
with his girlfriend.

Now, I don't know if they're living
in the same place now,

but certainly, she would
come to visit him.

That was one of the things
that he was objecting to,

that she couldn't stay past 9:00.

Well, so you put your tushy in the car
and you go to her house,

which is two cities away.

I have zero sympathy.

If you ate the steak...

-You gotta pay for it.
-...you're supposed to pay for it.

[announcer]
Want justice?



[theme music playing]