02x61 - Pool Rules Fail

[bunniefuu]

You were not given 30 days' notice.
You were given a three-day notice.

She's yelling,
"Here, I'm giving you this notice,"

and threw the paper in my face.

Do you have a copy of it?

I don't have a copy of that.

Why not?

That's the whole point of this.

[announcer]
This is Judy Justice.

[theme music playing]

[announcer] Melissa Duran is suing
her former property manager,

Tracy Shaw, for wrongful eviction
and an as*ault.

[bailiff]
Court, come to order.

All rise.

Be seated, please.

Case 2097, Duran versus Shaw.

-Thank you.
-You're welcome.

Miss Duran, the defendant
is the property manager

at a place where you used to live?

-Yes.
-[Judy] And you are suing her

for evicting you from that place?

You want a whole bunch of money.

You're suing her for $10,000,

for your moving expenses,
for as*ault, for emotional distress,

because you had to move.

Miss Shaw says that your behavior
caused you to be evicted.

You violated the rules,

and that's why you were served
notice of eviction.

So first, let me know
when you started living

at the property that is managed
by the defendant.

In 2019.

[Judy]
Did you have a lease?

Yes, I did.

[Judy]
Do you have a copy of that lease with you?

Yes, I do.

I'd like to take a look at it.

Okay, so this initial lease
was August of 2019,

and it terminated on July 31st, 2020.

It provided for three people
to live in the apartment.

Okay. Was the lease renewed?

-Nope.
-[Judy] Okay.

And so then you became
a month-to-month tenant?

[Melissa] Yes.

[Judy]
And that was in February of 2020.

They also increased the rent.

That's okay,
they're allowed to do that.

-That's a business.
-[Melissa] No, I know.

[Judy]
They're allowed to do that.

When your lease was extended
on a month-to-month basis

after February of 2020,
would you tell me

if the same people lived in the apartment

as were on the original lease?

No.

[Judy]
So more people moved in?

-[Melissa] Yes.
-[Judy] Who?

That would be my sisters
and my mother.

-[Judy] Sisters?
-Yes.

-[Judy] Two sisters?
-Yes, they were...

And when did they move in?

Maybe about, uh...
maybe 2020, maybe.

I'm not...
couldn't really be positive.

So that would have been
in violation of your original lease?

Yes.

[Judy] And it was an apartment
that you were renting.

Yes.

[Judy]
And the apartment complex has a pool.

[Melissa]
Yes, it does.

And the incident around

the circumstances
surrounding this eviction

that was served on you,
that happened in what month and year?

It was in June of this year.

How long, Miss Shaw,
have you been the property manager?

Since the end of November of last year.

-[Judy] November of 2021?
-Yes.

And in November of 2021,
did you know that

there were additional people
living in the house?

-Yes.
-[Judy] And did you tell her that

they had to vacate,

that it was in violation
of the underlying lease?

I had that morning, actually,
when the confrontation happened.

[Judy]
No, I'm talking about...

Shh. Pay attention.

-I...
-[Judy] My question was, did you

register any complaint with the plaintiff
about the additional people living there?

Be very careful that you tell me the truth

because I know that you think
you may know where I'm going,

but you don't.

Did you make any complaint to her

November, December, January, February,
March, April, or May?

The answer is either "yes" or "no"

about the other people
living in the house.

No.

So I guess I'm going to start with you,

because an incident occurred
that resulted in her being evicted,

that you're serving her
with a notice of eviction.

-Right.
-[Judy] Tell me when that took place,

because I have to know
what your reason was.

-That's a fair statement?
-Yes.

-[Tracy] Right.
-[Judy] Okay.

So in June '22, like I said,
that morning, I had served...

What morning?

June 21st or something, I believe.

[Judy] What kind of letter
were you serving on her?

Um, I just gave them, mine is,
it's just a complaint notice,

you know, saying that...
-Do you have a copy of that?

I may.

[Judy] Do you know
what she's talking about?

[Melissa]
Yes, I have a copy.

I'd like to see it.

There you go.

Okay, well, this is a letter
that says, "You and your company

were eating and drinking
in the pool area.

Even after I told them to stop,
that it wasn't allowed,

they did not stop,

and there is absolutely no eating
or drinking in the pool area."

Okay.

-So that's the letter she served to you.
-Yeah.

[Judy]
And that was on June 21st.

-That's the letter she threw at me.
-[Judy] Now, who was eating...

Who was eating
and drinking in the pool?

-That would be my sister.
-[Judy] That wasn't just your sister.

[Melissa]
No, it was her and her family.

[Judy] No, no, just a second.
Let's get it together.

So your sister
who wasn't supposed to be there,

but they sort of let that skate.

-Oh, well...
-[Judy] Who wasn't supposed to be there.

-Okay.
-[Judy] Okay, so your sister and who else?

That would be my sister,
her boyfriend,

and two of her friend...
or three of her friends, I think.

Had they ever been
to the pool before?

My sister has, but not her friends.

[Judy] So the person who wasn't
supposed to be living with you,

-that's your sister...
-Yes.

[Judy] ...invited her boyfriend
and three other friends to the pool.

She called and asked if it was okay first.

-She asked you?
-[Melissa] Yes.

-And you said fine?
-Yes.

[Judy]
You didn't call the manager?

-[Melissa] No.
-[Judy] Okay.

And you are aware that there's no eating
and drinking in the pool?

That's not what it says on my lease.

-[Judy] Is that what it says at the pool?
-Nope.

[Judy]
Does it say anywhere in the house rules?

Nope.

-"Nope" is not an answer.
-[Melissa] Oh, I'm sorry. No.

-The answer is "no." No.
-No, ma'am, it is not.

[Judy] Now, you've been living there
for a long time.

-Do you use the pool?
-Yes, I do.

Ever had any trouble in the time
from November of last year?

No.

-[Judy] Ever had any complaint?
-Nope.

-"Nope" is not an answer.
-[Melissa] No. Sorry, sorry, sorry.

-I'm sorry.
-"No" is the answer.

-[Judy] No, no complaint.
-Yeah. Okay, no, sorry.

[Judy] Okay, and did you discuss
with your sister and her friends

that there were any rules
that she had to abide by?

No, I did not,
because I was not home yet.

Stand up.

-First name is?
-Aleah.

[Judy] You were there,
boyfriend and three girlfriends.

-Any children?
-No.

-[Judy] You know this lady?
-[Aleah] Yes.

[Judy] What happened
when she came to tell you

that there was no eating
or drinking at the pool?

So we were standing...

[Judy]
Just what happened when she told you.

She came screaming at us,

telling us that we needed to get
the food out and that we needed to go.

Get the food out.

What kind of food had you brought in?

It was just pizza and, like, a soda
and watermelon.

So it wasn't a piece of fruit.
You were having a meal there.

-Pizza and food.
-Yes.

[Judy] Had you ever seen your sister
bring food into the pool area?

Snacks, yeah.

Yeah, I'm not talking about snacks.

Did she ever bring food
into the pool area?

No.

What prompted you to order food
into the pool area?

It was a hot day and we were hungry,
and I'm not sure.

You asked your sister if it was okay
if you and your friends came?

Yes.

Since you never saw anybody.

Because usually there are signs
posted around a pool.

Yeah.

I've lived in enough places to know,

and the pool signs usually say
"No jumping in the pool,"

"No food or drink
around the pool," right?

-Yes.
-Most pools say that.

[Aleah] Yes.

Did this pool say that?

It just said, like you said,
"No jumping in the pool

and no diving,
um, to come into the pool."

But it never said nothing about food,
drinks, nothing like that.

-[Judy] Really?
-Yes.

Okay, so now you please
establish to me, Miss Shaw,

that there was notice that
there was no food and drink at the pool.

-Their pool addendum.
-[Judy] May I see?

[Tracy]
And then also no guest addendum.

Just a second.

-It's all part of their...
-[Judy] Hold on.

You're Melissa Duran?

[Melissa]
Yes, I am.

-And that's your signature?
-Yes.

Yes. "The pool is reserved exclusively
for the use of residents of the building."

-That's what it says.
-Okay.

[Judy]
That's what you signed.

"No diving in the pool area.

No intoxicated persons."

Okay, I just want you to show me here.

First of all,
the only thing that they are violating

is that "Pool is reserved exclusively
for the residents of the building."

That's in here,
but I don't see anything about food.

The new pool addendum
wasn't part of their contract.

So when we put out the new one,
it was for more updated tenants.

-But we didn't serve them on the pool.
-[Judy] Just a second.

We served them on the guests.

Is what you're saying to me,
the only thing that she signed is this

and there is no sign around the pool
that says no eating or drinking?

There is a sign by the pool.

-[Judy] Do you have a copy of it?
-I don't have a copy of that.

Why not?

[theme music playing]

I texted her that I was sorry
that they had food in the pool

and I did not know that.

So that you knew they weren't supposed
to have food in the pool?

Yeah, but I didn't know
they'd bring it.

Just a second.
That's not what I asked you.

[theme music playing]

[announcer]
Melissa Duran claims

her former property manager,
Tracy Shaw,

owes for a wrongful eviction
and an as*ault.

[Judy]
Okay, go ahead.

Because she had moved in
prior to them changing the pool addendum,

I posted the new pool addendum
on all of the doors,

and I have actually text messages
of Melissa asking me, "Can we..."

You know, "No floaties?"
And I said, "Oh, of course."

-[Judy] May I...
-You know, for children and what not,

-but not big floaties.
-[Judy] Okay.

So she was acknowledging
the pool addendum that I had.

[Judy]
That I'll see.

Now, she's going to show me
your text messages to her.

-[Melissa] Yes.
-So you received the revised pool rules?

Yes.

[Judy] And did the new pool rules
say anything about guests?

No, it did not.

So if it said nothing about guests,
you originally said that

the pool was specifically reserved
for residents of the complex.

-Yes.
-[Judy] And according to you,

the new pool rules, do they talk
about having floaties in the pool?

Yes, it did.

Did it talk about
having guests at the pool?

Mm...

Yeah, actually it did.

[Judy]
And what did it say?

There was no problem.
Just like on the original lease.

-It was fine to have guests in the pool.
-[Judy] No, no, no.

No, that's not what this says.

This says that the pool is reserved
for residents of the building only.

Well, we were already told before
that it was fine to have guests.

This is the contract that you signed.

Yes. Yes, I understand.

[Judy]
So this is the first one that you signed.

-This one.
-[Melissa] Mm-hmm.

And absent anything else,
this says no guests at the pool.

-This says residents only.
-Okay.

You say that the new rules
allow you to have guests,

or were they silent?

There was nothing on there saying
that you cannot have guests.

It was mainly just saying that
you cannot have floaties,

you cannot jump or run into the pool.

-So...
-[Judy] Just a second.

-Did it say anything about food?
-No.

[Judy] Is there a new sign posted
around the pool that talks about food?

-No, it does not.
-[Judy] All I want to see is, Miss Shaw,

something in the new rules
that talks about food.

And I'm getting very bored with this.

Now, when Miss Shaw
came over and told you

you couldn't have food,
you had to get rid of the food,

about what time was that?

Probably like 5:00, 6:00.
I'm not exactly too sure.

And when had this food and stuff arrived?
Was it...

We brought it.
We were coming in with the food.

We walked in with the food. She...

-I'm pretty sure she seen us.
-[Judy] Just a second.

So you and your group, five people,
walked in with dinner.

-Yes.
-[Judy] To the pool area.

And did the dinner include
any alcoholic beverages like beer?

No. No.

[Judy]
What kind of drinks were there?

It was Pepsi.
It was soda.

And what happened
when Miss Shaw came over and told you

you weren't allowed
to have the food at the pool?

She came very aggressively.

Okay, she came aggressively
and she said you're not allowed...

She stormed out and screamed,
"Get the food out,

and you guys need to leave."

And so what did you do?

I told her, okay, I'd get the food out.

And I made a call to my sister
to come help me with the food.

-And as we were packaging...
-[Judy] Where was your sister?

She was upstairs.

So when you came out with the food,
you came out of the apartment?

No, we had just gotten there.
We had...

We were coming from another pool area.

What other pool area?

[Aleah]
My boyfriend's friend.

We were going to swim at his pool,

but it wasn't available
'cause there was too many people there.

[Judy] Were you at your boyfriend's house
during the day?

No, I was at school,
and they were all at work,

so we all just, like,
met up after everything.

Okay, so you were asked by Miss Shaw
to get the food out,

and then you called your sister?

-Yes, and I told her...
-[Judy] And then what happened?

And I told her
she could come get the food

while we swam or if not,
that we were going to leave.

[Judy]
Why didn't you just get out?

Well, 'cause I was trying to help

'cause we were splitting,
like, the check, the money,

so we're, like, splitting the pizza,
who's getting what, and all of that.

And before we even could leave,

she stormed out again, screaming,
saying, "You guys are getting a notice,

you guys are getting a notice,"

and running up the stairs to her
'cause she was coming out,

and she was like, you know, like,
"Hey, like, what's going on?"

And then she was like,
"You guys are getting a notice.

I'm tired of everybody,
like, not listening

and coming to me with your problems."

And then my sister was like, "Whoa, like,
you know, like, hey, like, relax.

I'm coming to get the food."

And then she threw the paper,
and my sister backed up like, you know...

[Judy]
Okay, so what...

So the letter,
she gave your sister the letter.

It was a notice.

She gave you the paper that said,
"This is a complaint.

There are people in the pool
who are eating, drinking.

They don't belong here,
they're not," whatever she said.

-"Here's your notice."
-Yes.

Okay. And that was on the 21st of June,
then what happened?

Well, after she threw the paper at me,
um, she turned back around,

still yelling,
and she stomped down the stairs,

and I'm trying to tell her,
"You didn't give me time

to come and get the food."

And? And?

And she slammed,
she ran back in her apartment,

slammed her door.

[Judy] And she went back to her apartment
and you went where?

Back into my house.

[Judy] Okay, you went
back into your house.

-Yes.
-[Judy] So what did you do

when you went back?

When I got back there, I texted her,
telling her that I was sorry

that they had food in the pool
and I did not know that

because I did not know at the time.

Just a second.

So, Miss Duran, so that...

Let's cut to the chase.

So that you knew they weren't supposed
to have food in the pool, only snacks?

Yeah, but I didn't know they'd bring it.

[Judy]
Just a second.

-That's not what I asked you.
-[Melissa] Okay, I'm sorry.

You knew that
there was no food in the pool,

only water and snacks.

-Okay, yes.
-[Judy] So you knew that?

-Okay, yes.
-[Judy] Okay.

Now, if you know that
and you have given...

I'm just telling you what the law is.

Mm-hmm.

[Judy] If you know that,
that there is a rule,

and you don't convey that,
that's your problem, okay?

-Okay.
-All right, so that's June 21st,

when guests that you agreed
to have in the pool,

you didn't know that
there was food there,

you knew that there wasn't supposed
to be food there,

that knowledge is imparted to your guests.

That's a legal assumption.

I want to know what happened
after June 21st.

When were you served
with a three-day notice to quit?

I believe it was on the 24th.

I'd like to see it.

Okay. I have three of the same,
they sent me three of them.

[Judy]
I just have to see one.

Did the attorney who you say you
gave by a cash app, by a cash app,

return any of the monies?

Okay, well, you served
this three-day notice to quit,

Miss Shaw, and in it, you're alleging
threatens to commit a crime.

So I assume that the person...

It talks about a statement,
threatens to commit.

I assume that the threat
was directed to you.

Yes.

In any event, you were given
a three-day notice to quit,

but actually you managed
to get that extended to 30 days.

Yes.

[Judy] And one of the things that
you had to do was to hire an attorney.

Yes.

And when you hired an attorney,

did you hire an attorney
and pay a retainer?

Oh, yes, I did.

Okay, I'd like to see proof
of what you paid the attorney.

I don't think I bring the one
that pertained to the lawyer.

What I do have is him finding out
what the criminal act was.

No. You're a month-to-month tenant?

Yes.

[Judy] Landlord has a right
to give you a 30-day notice

and say you have to quit the premises.

You have no legal right to be there.

My only question is,
you were not given 30 days' notice,

you were given a three-day notice,

and I'm not actually convinced
that there was a basis

to give you a three-day notice.

[theme music playing]

If I called him, would he tell me
that you paid him $1200?

Yes, he would.
Though I still owe him $250.

-So you paid him $950?
-Okay. Okay.

What do you mean, "okay"?

[theme music playing]

[announcer]
Melissa Duran has accused

her former property manager,
Tracy Shaw, of wrongfully evicting her.

Tracy claims Melissa
was violating apartment rules.

Now, if you got 30 days,
and the reason you got 30 days

is because you retained an attorney,

I'm prepared to look to see
how much you paid the attorney

because that's an expense
that you have

that you wouldn't have had
but for the three-day notice to quit.

-They're entitled to tell you to leave.
-Yeah.

I mean, you're there with too many people
living in the apartment.

They've already had a kerfuffle
'cause you allowed your sister

and her boyfriend and friends
to come to the pool.

They were told no food,
they ignored 'em.

But I don't think any of that
rises to the level of grounds

to give you a three-day notice to quit.

I think that if they want to tell you that
you have to be out in 30 days,

that's reasonable, but they didn't.

They gave you a three-day notice,
forcing you to hire an attorney.

I'm prepared to give you
the attorney's fees if you prove to me

that you paid an attorney.

I do have proof of that,
but I do not have it with me.

Okay, and how much did you pay him?

That's an easy thing for me to verify.

-[Melissa] Um, I believe it was $1200.
-No.

I want you to think about it carefully.

No, it was 1200
because he had lowered it.

He lowered it from 1400 to 1200.

And you paid him by check or cash?

I paid him in Cash App,
is the only thing, only way I could.

Did he go to court with you?

We never. We haven't.

This is the first court
we have been to.

So how did he get you 30 days?

Because I got the three-day notice

and it kept saying
I committed a criminal act.

-[Judy] Okay, let's...
-So that was the reason

why I obtained the lawyer,

so he can find out
what the criminal act was.

And just by phone calls,
he got them to extend it to 30 days.

-Yes.
-[Judy] So you were never...

and you left after the 30 days?

I left before the 30.
I left on August 1st.

[Judy]
Okay, and where did you go?

I had to move all the way
to Atwater, California.

-Is that where you live now?
-[Melissa] Yes, it is.

And who lives with you?

My husband and my young son.
That's it, just the three of us.

We moved into a smaller,
more expensive place.

-[Judy] Okay, and you left your sisters.
-And my mother.

-[Judy] And your mother.
-They are somewhere completely different.

-Okay. What do you...
-This is in their lease

about disturbances and threats.

[Judy]
Listen, I've already made a determination

that the three-day notice
should have been a 30-day notice to leave.

I don't think that
anything that I've heard today

rises to the level of giving people
who have been in the apartment

as long as they had,
especially over pizza,

requires a three-day notice.

So the only question
that I'm entertaining

on behalf of the plaintiff

and the only monetary award
that I'm going to contemplate

-are attorney's fees.
-[Melissa] Mm-hmm.

Did the attorney who you say
you gave by a cash app

return any of the money,

since he never had to go
to court for you?

No, he did not.

Just a second.
If I called him right now,

would he tell me
that you paid him $1200?

Yes, he would. Yes, he would.

Though what I was going to tell you

is that I did not have enough
to pay him completely.

I still owe him $250.

So you didn't pay him,
so you paid him $950.

-Okay. Okay, I'm sorry. I didn't.
-[Judy] What do you mean, "okay"?

No, I mean, I'm sorry, I didn't.

-So you paid him $950?
-Yes.

I'm awarding you $950,
which are your attorney's fees

-for the reason that...
-Your Honor...

I'm speaking.

For the reasons that I've stated,

because they have an absolute right

to give you a 30-day notice
to tell you to leave.

And there was a basis for it, actually.

And, you know, there was a basis
for saying your guests,

which is you,
were not abiding by the rules.

You're a month-to-month tenant.

"Right now, we do not intend
to keep you as a tenant.

We give you a 30-days' notice
to find another place."

I think that would have been
absolutely app... I'm speaking.

Would have been absolutely appropriate.

I think a three-day notice to quit
was inappropriate,

given the level of infraction.

So I'm awarding you
the counsel fees

'cause that's what it took
to get you your 30 days.

This case is over.
Thank you very much.

-[Melissa] Thank you.
-[bailiff] This court is adjourned.

I'm disappointed in the decision.

Her actions of her aggression,
throwing something in my face,

that was a little bit excessive.

I don't feel that I got to say more
of the story that continued to happen.

Her actions caused me
to get evicted in three days.

They have bad character.

And so I don't think that
I owe them anything.

I mean, I didn't think anything,
like, would come to this, you know?

I'm just glad they're gone.

I'm happy to be out
because I just really wanted her

to be held responsible for what she did.

So a trend I've seen a lot here
is plaintiff suing for wrongful eviction

when they're a month-to-month tenant.

And from what I've learned
in landlord-tenant law in New York...

I know it varies a lot
from state to state...

is the landlord only has to give you
as much notice as your term,

which, if you're a month-to-month tenant,
would be 30 days.

So people have to really understand

the legalese of their contract
and of their lease.

Because if you feel like
you're being wrongfully evicted

as a month-to-month tenant,

that's a different standard
than if you have a standard,

yearlong, written lease.
-[Judy] Lease.

Well, that's sort of the reason
I didn't think

that the one instance
that was raised was sufficient

to give them a three-day
emergency notice to quit.

-Mm-hmm.
-[Judy] It might have been enough.

That, coupled by the fact that
there were too many people

living in the apartment

to give them a 30-day notice.

-That is your right, it's your property.
-Mm-hmm.

But I didn't think it rose

to the level of a three-day notice
to quit for threats.

I didn't either. So I agreed with
your 950 judgment for the attorney's fees.

Yeah. I would have been happier
if she had some sort of a receipt

-or something from her Cash App.
-Yeah.

Because she very quickly
changed the 1200 to 950.

She was honest.

-I think the right thing happened.
-Yeah, me too.

[announcer]
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[theme music playing]