03x61 - Family Legacy at Stake and Rental DUI Delinquency

[bunniefuu]

This twenty-five-year relationship
ended badly.

-Correct.
-So, he stayed in the apartment.

-Why didn't you pay any rent?
-Well...

She was on the lease during
that period of time.

There's no excuse for that.
You lived there with a child.

He's twenty-eight years old.

Between two grown adult men,
you're not paying rent.

[announcer]
This is Judy Justice.

[announcer] Jessica Schleichler is suing
her ex-boyfriend,

Sam Branch, for unpaid rent
and the cost of an eviction.

[Kevin]
Court come to order.

All rise.

Have a seat, please.

-Hello, Judge.
-Hello, Kevin.

Case 3106,
Schleichler v Branch.

-Thank you.
-You're welcome.

-[Judy] "Schleichler."
-"Schleichler."

Okay. You and the defendant
lived together for 25 years.

-Reason that you never married?
-No.

-Any reason?
-Waiting for financial things

to come together.

-And...
-That was quite a wait.

-Yeah.
-[chuckles] Hmpf.

In any event, this
twenty-five-year relationship ended badly

and it is your claim
that the defendant

stayed in an apartment
that you had lived in together.

I believe your name
was the only name on the lease,

but you lived there
as a couple together.

-For how many years?
-I lived there since I was six years old.

My parents were actually
the ones on the lease,

and when my father passed away
in '07,

we moved back in.

We were out in our own apartment.
Moved in. Took over the rent.

Rent was more reasonable,
probably better.

-Yeah.
-Okay.

And the breakup was
an acrimonious one.

And it is your claim
that the defendant

-stayed in the apartment
-Yes.

with one of your children?

-Yes. My son.
-And that he didn't pay rent

in the apartment
for several months

and because your name
is on the lease,

the landlord brought a case
against you

-Mm-hmm.
-for the unpaid rent.

-Correct.
-That's, primarily,

what you're suing for.

-Primarily.
-Because the other part,

he's not responsible for.

The part where you went and found
the more expensive apartment...

Well, one of you was gonna find
the more expensive apartment.

Is this a rent-controlled
or stabilized...

Yeah, the place that I was in,
I was still grandfathered in at 2000.

So, it was a rent-stabilized,
grandfathered in...

You were there together...
Not you...

-No, no.
-The two of you for 25 years.

No, I was there with my family.

He moved in with his son
in '07.

But I was there with my brother
and my parents since I was little.

Just a second. I thought
you were together for 25 years.

We were, but I was in that condo
for 39 years.

Since I was six.

How long did the two of you
live together?

Since 2007. For sixteen years.

But you were in a relationship
before that.

-Yes.
-So, you lived together

-in that apartment for sixteen years.
-Yes.

Okay. Tell me the day
that you moved out of the apartment,

when you had this argument.

May 30 was the first day
that I left

and I stayed
at my mom's house.

And in my car.

And then went ahead and moved out
and got my own place July 1.

So, July 1 is when I removed
all my belongings.

Had you stayed there
at all in the month of June?

-No.
-Is that correct?

I think there might've been
a week in June.

-Well, if you think...
-Yeah.

-She says, "No."
-No.

-And with you, "Maybe."
-Right.

She wasn't there.
Your son was there?

-Yes, he was.
-All of June, you were there.

-Yes, I was.
-You were there June

What about July?
Were you there in July?

-Yes, I was.
-What about August?

-Yes, I was.
-What about September?

-Yes, I was.
-October.

-Yes, I was.
-When did you move out?

I moved out in December.

-December what?
-I believe it was around the 15th.

So, you were there
the month of December

'cause you don't do half-months.

You were there the month of December.

When was the last month
that you paid rent?

I was paid up until
September 1,

so, it was August.

So, you have one, two,
three, four months rent

-that you didn't pay.
-Right.

-Why?
-Well, when Jessica moved out,

the property management came to me
with three weeks to go in the month.

saying that they were going
to raise the rent $750.

Because you were no longer
grandfathered in under her...

parents or grandparents,
whoever lived there.

-So, they were gonna raise your rent 750.
-Yes.

And they were going to raise it
starting what date?

September 1.

So, you said,
"I'm not paying the increase."

No, that's not correct.

So, you just didn't
pay anything.

-No, um, I-I...
-[laughs]

Well, that's what... I said,
"When was the last time you paid rent?"

You said, "September 1."

So, I'm just curious.

If he was gonna raise your rent
by $750,

it was gonna make it
$2750.

And you said, "I'm not
gonna pay the increase."

No, I agreed to pay
the increase.

We filled out
a new application.

Okay, great. So, when did you start
paying the increase?

We didn't pay the increase.

Okay, so, you didn't pay rent
and I'm asking you why.

I had a heart attack.

You had a heart attack on what date?

-[Sam] August 20.
-[Judy] When did you sign the new lease?

We didn't sign the new lease.
We filled out an application.

-Application.
-Yeah.

Okay. After your heart attack
on what date did you go back to work?

It was... [sighs]

Careful 'cause it's very easy
to verify.

Three weeks after.

So, you went back to work
sometime in September.

-Yes.
-And you didn't pay

October, November and December.

-No.
-Why?

Here's what it... I...
The reason I didn't.

We filled out an application
for a new lease.

We agreed to pay the new rent.
After this,

he comes to me and says,
"Now, we need another $3000

for a security deposit."

In all this time, I have three weeks
to come up with all this extra money

on top of the regular rent.

I-I-I couldn't afford it.

Okay, and then they evicted you,
I assume.

-They didn't evict me.
-You just left.

-My-My name isn't on the eviction.
-Shh-shh-shh!

-Are you still in the apartment?
-No.

-So, you left?
-Yes.

In December, on December 15.

That's what you told me
a moment ago.

-Yes.
-But you didn't pay any rent.

October, November and December. Any.

-Yep.
-Well, there's not excuse for that.

You're living in an apartment.
You're not paying rent.

It's not reasonable for her to pay rent
in her apartment where she's now living

and your apartment.

-You find that reasonable?
-No, I didn't think it was reasonable

the way they... I wasn't given
reasonable time

to come up with the money.

Neither was she.
You had a fight.

-She chose...
-She had to go...

Just a sec.
She chose to leave

because it wasn't
working anymore.

-Right.
-So, you have two choices,

either you leave
or she leaves.

Without getting into
all the bad stuff of what happened,

-Right.
-which I don't think is necessary,

-No.
-this is just a question of morality

and justice.

So, you each had
your own obligations.

She had to move
and find a new place to live

that was gonna be more
expensive than where you were.

I assume she paid rent.
You chose not to pay rent.

How is that fair?
How is that balanced, sir?

She didn't pay no rent...

No, no, no. She's going
to show me proof

that she was on the lease
during that period of time.

The landlord is going after her
for the rent money.

-She's gonna show that to me.
-Mm.

I'm the one that had to call the cops
and I have police reports.

He's the one
that was a*usive.

There was no physicalness
between the two of you.

There was yelling, spitting,
throwing things,

and just anything but
putting physical hands on me.

[announcer]
And later today...

-I'm asking you a question
-Okay.

that this electrical wonking
was her fault.

On her DUI, she was ordered to install
an ignition interlock device,

in that, you have to cut the wiring.

Unless you're a car mechanic,
you're not gonna testify

-as to what they have to do
-Mm-hmm.

when they install
a piece of equipment.

[announcer] Jessica Schleichler
is suing her ex-boyfriend,

Sam Branch, for unpaid rent
and the cost of an eviction.

Now, I'm gonna ask you
the question again,

does that sound fair
and reasonable to you?

No, it didn't sound
fair and reasonable

that I wasn't given
a suitable amount of time

to come up with $5000.

That's between you and the landlord.
What does that have to do with her?

It don't have nothin'
to do with her.

-But she...
-But I'm not on the lease.

Can I see the notice
that you got from the landlord?

Yes, the...

There's the eviction against me
with all the documents you need.

This is not a signed judgement.

-That's not the judgment?
-It's not signed.

I think that's the copy
the lawyer gave me.

So, yeah, I might not have
the signed copy with me.

Well, you're supposed to bring
a signed copy with you.

-[sighs]
-Okay.

There's no question the rent was due.

There's no question
the eviction proceedings were for money.

So, whatever monies are transferred,
will be transferred to

the owner of the condo
because that's to whom it is owed.

-Correct?
-The property management company.

-Yes, ma'am.
-Okay.

The second part of your lawsuit is

that damages resulting from eviction
and abuse.

-What is that about?
-It-It was the difference of the rent

the condo to the new place
because I was forced out.

-Okay.
-With police and everything else.

-I was out a lot of money.
-Well, that's not his problem.

Somebody was gonna be
forced out of this apartment.

Either you or him.

But I'm the one that had to call the cops.
And I have police reports.

And he's the one that was a*usive.

I had no other choice
but to leave my family's home.

Well, it was your family home.
You lived like a family for sixteen years.

You weren't hospitalized
as a result of this incident, correct?

No, ma'am.

You didn't see a doctor
as a result of this incident.

-Correct?
-No.

You don't have any photographs to show me
as a result of any injuries, correct?

-No physical injuries, ma'am.
-What... What you are complaining of

is that he would talk to you incessantly,
wouldn't let you sleep, right?

-I read it.
-There was a lot more than that, ma'am.

There was no physicalness
between the two of you

that I read here.

There was yelling, spitting,
throwing things

and picking up the bed
that I was sitting on

and slamming it down
and just anything

but putting physical
hands on me

-Correct.
-to avoid the police.

Well, he's not paying
for your new apartment

and you're not gonna pay
for his new apartment.

Anyway, the resolution
of this case is easy.

$6,063 and the check will be made payable
to property management.

Okay, thank you very much.
We're done.

-Thank you.
-[Kevin] This court is adjourned.

I don't call living for free. If you're
gonna treat me like I'm a tenant,

then you gotta treat me
like a tenant.

You gotta give me
a thirty-day notice.

I do feel Sam owed me some money

for everything I had to spend
leaving the place.

You gotta give me all the stuff
that comes along with being a tenant

instead of just skipping away.

I wouldn't have had to leave
if it wasn't for his abuse, so...

-Better to part ways.
-Time to take care of me.

You were right when you said,
"You lived together for sixteen years"...

She kept referencing it
as her family home,

which, I understand the history
and she lived there as a child,

but when you live there
with your partner for sixteen years,

that becomes your shared
family home.

Like you said, someone was gonna
have to leave

and someone was gonna
have to pay more rent.

So, you know, at the end of the day,
someone was gonna have to leave.

Right, and the landlord, the person
who was supposed to get the money,

-will get the money
-Mm-hmm.

because they're the people
who are out the rent.

-Yeah.
-And he had an obligation to pay rent.

He just knew he wasn't
responsible for it...

legally and they couldn't
go after him for it,

-so, he just didn't pay it.
-Mm-hmm.

-Well, can't do that. It's not right.
-Yeah.

Case number 3107
Murphy v. Beard.

All parties, please come forward.

[announcer]
Jennifer Murphy

is suing her car renter,
Lindsay Beard,

for missed payments
and damage to her vehicle.

Miss Murphy, several years ago, you were
planning to go out of the country.

Yes.

When were you planning
to go out of the country?

December 2018.

And you had a car at the time.
A car that you were making payments on?

-Yes.
-That had a loan on it.

-Yes.
-What were the loan payments every month?

They were 375
and sixty-eight cents.

And what year car was it?

It's a 2013.

-So, it's eleven years old now.
-Mm-hmm.

And in 2018,

you made an arrangement
with the defendant,

who you knew how?

My sister's client.

She needed a car. You were introduced.
You made an arrangement with her in 2018

to rent your car...
that you both acknowledge...

for 375.68 a month?



-It was in 2020?
-[Jennifer] Yes.

The date was January 5, 2020

Is that the date you made
the arrangement?

-Yes.
-Is there a contract

for the lease of this car?
-[Lindsay] There is.

-I'd like to take a look at it, please.
-[Lindsay] Here you go.

-[Kevin] All right.
-[Lindsay] Oh, sorry.

[Kevin]
Mm-hmm.

Okay, so, let's read
the terms of this agreement.

-Mm-hmm.
-First one is

payment of 374.68 via Zelle.

Now, with regard to that provision
of the lease agreement,

you return the car
on what date?

-Um...
-[Jennifer] I picked it up on October 24.

-[Judy] 2023?
-Mm-hmm.

So, she had the car
two-and-a-half years.

More like three-and-a-half years.

And in those three-and-a-half years,
you were out of the country.

-Yes.
-Part of your claim here is

that she failed to make
several payments.

-[Jennifer] Mm-hmm.
-She says she has all the payments.

-Mm-hmm.
-Have you gone over the payments

with each other so that
you can check your accounts?

No, I mean, I have them.
I printed Zelle from my bank.

And she has a spreadsheet
that she was filling out each month

that she received a payment.

-You have that?
-I do. Yes.

Yes. And you acknowledge that.

That I had sent her the spreadsheet
each month.

I also have the e-mails
of the Zelle payments,

and I am missing the eight
payments from her

-so I am curious she can explain that.
-I'm not curious.

-Okay.
-You're gonna go outside with my clerk

-Okay.
-And you're gonna go through these.

You don't expect me to go through
three-and-a-half years of car payments,

-do you?
-Okay.

Now, if you don't wanna
waste my time,

we can either acknowledge
that they were either paid

or we could move on
to the next action.

-What's your pleasure?
-I don't believe they were paid.

Okay. Sarah, go deal with them.

Math is not my strong suit

and this kind of nonsense
is not worth my time.

Go figure out if there were any missed
payments that they can prove,

-will you, please?
-Yeah.

[Judy]
Thank you.

She is correct that you had to have
a machine installed?

-I had to have the interlock, yes.
-Okay.

That if you breathe into something,
if your breath smelled from alcohol,

-the engine wouldn't start.
-Yes.

-How long was that in the car?
-After getting arrested.

So, about a month later
after me getting the car,

I had to have
the installation put in.

[announcer]
Jennifer Murphy

claims defendant,
Lindsay Beard,

rented her car for years.
and damaged the vehicle.

-Sarah.
-Okay, so,

there was a total
of eleven missed payments

that the defendant had no proof
that she had paid.

However, there were months
where the plaintiff admitted

where she paid more or double
to make up for missing months,

which she credited
in the spreadsheet that I looked at.

So, there were a total of eight
missed payments,

not including those, you know,
make-up payments that she had made.

-Did you total that?
-I did.

Totaling to $2,997.44.

Thank you. Okay.

And I'm reading the lease.
So, that was the first thing.

So, on that you owe $2997.

"Lessee will not drive more than


There's no problem indicated
in your petition about that.

So, that she's complied
with the terms of this lease.

"Will keep up with all regular
maintenance of the vehicle.

You have any proof
that she didn't do that?

Well, beside... My car,
when I got it back,

it was not in a very good condition.

You left for three-and-a-half years.
The car's eleven years old.

-It's, uh...
-She had to have...

She had to have
changed the oil periodically

-if she had it three-and-a-half years.
-[Jennifer] Mm-hmm.

You know, the fact that your car
is now older

and it was driven by somebody else
three-and-a-half years,

there's a certain amount
of wear-and-tear on a car

and things break down.

Unless you have a mechanic
who's going to tell me

that she did something
to the car,

which I assu...
Are you a mechanic?

-No.
-No.

I also have all the records of me
going and doing that, so...

Not necessary.
It's her burden of proof.

-[Lindsay] Absolutely.
-It's good that you have the paperwork

-Mm-hmm.
-as defense that you took care of the car.

"I will carry full insurance coverage."
Did you do that?

There's no allegation
that you did not.

Mm-hmm.

"Will not allow other persons
to drive the car."

There's not an allegation
in here that she did

let other people
use the car.

"Violation of this is cause
for immediate termination."

And that's it.
So, so far, I have $2997.

Now, she returned the car
because you came back to the country.

-Mm-hmm.
-Okay. On what date

did she return the car?

Uh, I picked it up on October 24, 2023.

And where did you go
with the car?

-Immediately, I went back to my...
-House. To your residence?

-Uh-huh.
-Okay. Did you take the car out again

-on October 24?
-No.

When was the next time
you took it someplace?

On October 26,
I took it to the dealership.

-Why?
-To have it inspected. I had...

-Just a second.
-Okay.

My question is,
"Why did you take it to the dealership?"

-Because if you drove it home
-Mm-hmm.

-Mm-hmm.
-and there was something wrong with it,

-Mm-hmm.
-you would've taken it immediately

to the dealership,
if you found something wrong with it.

You didn't take it to the dealership
the 24th.

You didn't take it to the dealership
on the 25th.

Why did you take it on the 26th?

-Just to check it out?
-No.

I did notice things
immediately wrong with it.

-What?
-For one, the A/C wasn't working.

The car wasn't locking.

What does that mean,
"The car wasn't locking"?

When I used the fob, it wouldn't lock.
It was doing nothing.

It was doing nothing.
But you were driving with it.

It was just that electrical thing
that wouldn't open and close.

Did you put a new battery
in the fob?

-Uh, no.
-Uh, no.

That's the first thing I do.

When it doesn't open,
it doesn't close.

These things go. You take it in.
Costs $5.

You put in a new battery.
You close it. Then it locks.

-It's not as if the car didn't work.
-Mm-hmm.

-Mm-hmm.
-Okay. What else?

Uh, the door sensors
weren't working as well.

I don't know what that means,
"the door sensors."

It looks like my car door
is always open

on the electrical component.

So, there's just a lot of weird,
electrical things going on with it.

You have any proof to demonstrate to me
that she caused any of this problem?

So, I found out she had a DUI
while she was using my car,

and she lied to my sister about it,
telling her that I knew about it,

that she had told me about it,
but I had no idea.

But she didn't keep it a secret.
She told your sister.

-She did tell my sister.
-And that's how you met her.

-Yes.
-So, if she told your sister,

she wasn't keeping it
a secret from you.

-Well, she didn't tell me.
-I don't care.

-She wasn't keeping it a secret.
-Mm-hmm.

-She told the person,
-Mm-hmm.

who, actually, brought
the deal together.

Well, she lied to my sister also.

-Just a second.
-Okay.

-I'm asking you a question.
-Okay.

-Mm-hmm.
-Proof that this electrical wonking

-Mm-hmm.
-was her fault.

Um, well, I had seen in
the court documents, on her DUI,

that she was ordered
to install

and "I.I.D."... and Ignition
interlock Device...

which she did on my vehicle.

Had it installed
and uninstalled,

and, in that,
you have to cut the wiring.

I don't know if you have to.
What kind of work do you do?

I'm a yoga instructor.

Well, unless you're a car mechanic,

you're not gonna testify
as to what they have to do

when they install a piece
of equipment.

By the way, just tell me
what month and year you had a DUI.

Um, it was February or March
of 2020.

But you had the car
for three years after that.

-I did. Yes.
-Listen. Listen to me.

-Yes. Mm-hmm.
-Three years after that.

And she is correct that you had
to have a machine installed.

-I had to have the interlock, yes.
-Okay.

That if you breathe into something,

-Mm-hmm.
-if your breath smelled from alcohol,

-the engine wouldn't start.
-Yes.

-Ok...
-It's connected to the battery.

Okay. And you did
have that installed.

How long was that
in the car?

Almost the entire time
I had the car.

-[Judy] After?
-After getting arrested.

So, about a month later
after me getting the car,

I had to have
the installation put in.

Okay. And when did you have it
taken out?

Actually, three or four days
before she picked the car up.

Okay. And who took it out
for you?

The same company that put it in.

Okay, fine. I'm just telling you that,
Miss Murphy,

because if you think that you can
prove a case of negligence

against a company,
it's not her.

She neither put it in,
nor took it out.

-Got it?
-Mm.

She owes you $2997.

And she owes you that
for the missed payments

that she can't prove she made,

that you say on your spreadsheet
she missed and that Sarah confirmed.

Anything else?
No? Good.

Thank you very much.
We're finished here.

[Kevin]
This court is adjourned.

Currently, my car's dead.
It's not operating

because of the electrical damage.

There is no damage to the car.

I do think it's the wiring
and I know it hooks up to the starter

because we've been researching it.

She's saying the battery,
but it's the starter.

And it did render it inoperable.

I mean, I watched the guy do it.

The go in through the panel,
they connect it to the battery

and it's done in thirty minutes.

My car is my car.
No one's gonna be borrowing it.

I'm just glad it's done.
[laughs]

Really trying to keep me
on my toes there.

I know math is not
your strong suit,

but you also passed
that gene down to me

so, I find it interesting
that you just farm out

all the math skills over here.

Well, first of all,
you're the clerk.

-[laughs]
-I'm the judge.

Yeah. I don't mind doin' it.
I'll do it all day long.

-All day long.
-You figured it out.

I did.

It would've probably taken me
a lot longer.

Oh, man. Yeah, it was good.
I mean, you don't have it here,

you don't have it.
Doesn't exist.

So, made it easy.

[announcer]
Are you having a family dispute?