In landlord-tenant disputes, courts examine the full context of the relationship, including proper accounting practices, security deposit handling, and tenant harassment, rather than simply accepting surface-level claims; a judge can significantly reduce or eliminate a landlord's claimed damages when evidence reveals improper conduct such as commingling funds, fabricating ledgers, and unauthorized property inspections.
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Landlord Sends MYSTERY MAN To Tenant's House — Then Judge Makes Her REGRET EverythingAjouté :
Were late fees subtracted out for the payments made into court escrow?
>> She was late every time it was paid.
>> Why can't I just get an answer to my question?
>> They would send you the bill anyway. You could always go online. You can look it up.
>> I just was concerned. That's all. Sir, >> but why did why was it important for you to change the name?
>> I thought I I needed to to be responsible for it. That's all. I just wanted to make sure I got the >> You're the homeowner call the case of Anderson versus Lyman.
>> Public matters being called.
>> All right. Where are we on these cases?
>> Good morning.
Furnace had went out this morning. Not only did my furnace go out, Lori showed up to my house last month and had some guy walk around the back, but when he saw the camera, he ended up leaving.
>> What? When the guy she hadn't moved to the house saw the camera, she he ended up leaving and she's still sending falsified information about the case to the water.
>> To who?
>> The water department.
>> Okay.
>> So, somebody last week showed up to your house?
>> No, last week video of walking around the house.
>> Did you send somebody to the premises?
>> No, certainly did not. She was in a car.
>> She was what?
>> She was in a car. You can see it in the video.
>> Miss Anderson, you're indicating you didn't send anybody. So, she had a video of that. That would >> I didn't send anybody to the house.
>> Were you at the house?
>> Were you in a car near the house?
>> And about about a month and a half ago, I think I drove by one.
I think I did.
>> Was the car sitting there, ma'am?
>> Yeah, the car was sitting out front.
They pulled up a little bit >> out front of the house.
>> They tried to get out the view of the camera and then he proceeded to look at the camera and then he walked around the house and he seen the camera and then he went back to the car and they pulled off. So, he didn't finish walking around the house cuz he seen the camera.
>> You have that video?
>> Yes, it's in my camera.
>> On your phone?
>> Yes.
>> Did you bring your phone in? Yes.
>> Okay. Can you send it to the court if I gave you an email? [clears throat] >> Yes.
>> You know how to do that?
>> And also, you might need to send a copy to these are all non-payment of rent cases.
>> Um, both of these >> there's a lot of issues, but we're we're slimming it down to non-payment of rent this morning. Well, from plaintiff's position, what is plaintiff's claim in I guess either one of these cases?
>> Well, at this point, we are concentrating on rent. There's been only how many months? Two months paid. Only two months of rent paid.
>> How much are you claiming is owed?
>> How much you have right there?
>> Is this includes water? because there's $1,900 more than $1,900 due for water bill for water that's left on the balance is $15,899 >> 15,000 $8.99 that gives her credit for the escrow that's with the court of 6600 two payments of escrow have been made only >> she's claiming over 21,000 >> yeah she she figures 22,49939 is the balance When I say she, you mean Miss Miss Anderson?
>> How much did you [laughter] take a look?
I know that. I know that. I know that.
[laughter] >> So, what month is she claiming rent for?
>> All the months after um well, she has not paid anything since the first two rent the two months, May and June. She owes the rent from July.
>> You're claiming for July?
>> Yes.
>> August, September, October, November, and December.
Not in Yes.
>> Okay.
into the court. We know that >> those >> where [clears throat] July and all that.
>> Yeah. July and August have been paid.
They're escrow. They're they're in escrow now.
September, October, November, and December.
>> Just council.
>> So you're looking at six months basically, right?
>> Yes. Six months have not been paid to us. Two months have been paid into the court. So this four months owed 3,300.
>> So M. Lyman, I'm a bit confused because when we appeared here before, you had indicated that you were going to pay the rent into court escrow and I don't have anything. I only have two months in escrow.
>> How much did you pay in descro this morning?
>> I paid that 2270 that I said I was pay >> 2270.
>> Yes. What's this?
Okay.
>> That's still But that's not your monthly rent is 33.
>> Yes. Remember when I told you how I broke it down for the prorated amount and that's what I came out to when we were here last time.
>> Okay. But if that paid So here's my question.
If I have an espro July, we'll just call it July and August because those are the latest ones.
>> September this morning.
>> Okay.
And then if that's Well, that's the 2270.
>> Mhm.
>> Yes. All right.
So without going into even at this point the difference between the two, >> I'm only two months behind.
>> Okay. Where is the two months?
>> I don't have it right now. I was planning on paying at the end of the month.
>> I don't see how the 2270 pays at September either. And she's prorated it, but prorated but doesn't mean it's prorated that the entire amount is owed.
I I understand that council.
What did I just say?
So you don't have October, November, or December at this point?
>> The rest I was paying was planning at the end of this month. [clears throat] >> What do you mean?
>> Like to pay the rest off at the end of this month.
So basically 99,900.
>> No, it should only been about 77 7,000.
And >> why would it be 7,000? Your monthly rent is 3,300.
>> Yes. [clears throat] These couple months. I thought it should have been um 7,7 650. I thought that was all >> going to wait.
>> There's six months. That's owed.
Okay. I have two months in escrow, right?
So now I'm dealing with basically four months.
You paid 2270.
Again, I'm not going to get into necessarily why you got to that figure.
We'll I'll deal with that. I know what I have. But then when I look at October, November, and December, I have nothing.
Yes, cuz I didn't pay October and November, then we're just getting to December.
>> Well, we're Okay, so you're the two at this point though, there's 99,900 that's owed at a minimum into court, right?
[clears throat] >> What are you saying?
>> I suppose so. Yes, cuz I'm confused cuz I paid her May and I paid June when we first started.
>> The only thing The only thing I'm looking at right now is July through December.
I'm looking at those six months.
[clears throat] And if I'm looking at those six months, I have two and a partial >> question September.
>> Yeah.
>> The 2270 that you paid today.
Basically a partial coret >> follow me.
Yes, are guilty saying I thought when I had mentioned the uh the the overpaying amount that I paid in June and the extra three the [clears throat] extra $300 and how much the with this 533 to be prated that's how I came up with that 2267 cuz I only owe three months of rent including December That's [clears throat] >> I don't know where this proration you have is coming from where you're taking monies off for September >> cuz in May I didn't get prated at all in May.
>> Pardon?
>> I didn't get prorated at all in May when I moved in.
>> When you moved in?
>> Yes.
>> You moved in on what day?
>> On the 5th.
But your lease started what day?
>> [clears throat] >> the 5th of May.
>> I have a copy of the lease, your honor.
It starts May 5, 2025. It ends May 4, 2027.
>> May 4th >> of 2027. Um, I have a copy of the You have got it. Okay.
>> So, you You you follow that ma'am?
>> Yes.
>> So there there would not be a proration.
>> Okay.
>> Because you would have 4 days in essence at the end of your lease.
If your lease ended on the 30th or 31st of a month, I could see and get your argument about the five days because you didn't live there those first five days.
But the way your lease runs, it runs from the 5th but ends on the 4th of whatever month. So you get all your time. It's just not on the calendar month basically.
I would remind the defendant that she's ignoring the water bill that's 1900 19.
>> Why are you dealing with that right now?
Did I ask you about it?
>> I brought it up because she's not >> remind her of it.
>> Just to remind her of it. Yes.
>> Why?
>> Cuz she's not talking.
>> I'm trying to deal with something right now.
>> Okay. I'm sorry.
[clears throat] Okay. You follow that, M?
>> Yes.
>> So, give me a total of 66 + 2270.
>> 8,87.
>> 8,870.
All right.
>> Yes, ma'am. I can pay the 53 today for the 5 days.
>> Say again.
>> The 533. I can pay that today for the 5 days.
>> So basically you can make September whole.
>> Yes.
All right.
But what about the other three months?
And why aren't those paid into court?
>> Oh my god. A lot of family stuff had happened. So, I had gotten time. My plan was to pay those at the end of this month into it. Says it's still >> Hold on a second.
That shouldn't happen.
>> [clears throat] >> Are you you sure we're still going?
Say again.
>> No, cuz I'm talking about the extra 200 that I paid in June and plus the $300 I was supposed to be getting back that 53 $300.
>> Why? When I overpaid in June, I paid $200 in June and then the $300 from the deposit that I was supposed to get back >> the 300 from the cleaning deposit for >> the what?
>> Your honor, if I could explain, there was a security deposit. It was determined by the plaintiff that the security deposit was $300 too much based on the guidelines in this in this state of Michigan statutes. So, she gave her a $300 credit and it's shown on this ledger >> for June.
>> But on the ledger for the total balance, it's it's from the balance. The balance it's part of the number that you get the credit for because >> it's it's not for a particular month.
It's just on account.
She's saying it's for a particular month. We're saying it's on account.
>> Well, it's got to be for a particular month. It's >> When was the security paid?
>> May security. It was paid in May.
So she if she overpaid the security that means it's credited toward May rent [clears throat] that >> all right then we have we've have credited to her on the account whether it's whatever month it's applied for she's gotten that credit it's shown on this ledger. When did I get the credit?
Because nobody told me. He just told that she was supposed to give me the $300 back.
>> In June, I overpaid $200 >> is what?
>> I get what you're saying that there was an overpayment in June. But how much did she pay in June?
>> 33. She paid $3,300 in June.
>> 3,300.
>> Oh, fee. How much is the late fee?
>> At the time she paid >> How much is the late fee?
>> The late fee is 150, but I think she may have paid 250.
I I I don't have those records with me.
She just put it in my account automatically.
>> Council has a ledger sheet in front of her. Does that ledger sheetlect that overpay?
>> It doesn't. It It reflects a charge of $150 for a late fee. But she said she paid 200 and something.
>> Yeah.
>> She um she directly deposited the funds into my checking account. She didn't give me she put she put an extra $250 account [clears throat] for June. She directly deposited my account.
>> Okay. I don't care how it got there. Is the ledger sheet that council has does it reflect that that payment was made?
No, cuz the letter she was just from um July.
>> Why isn't there a ledger back to the beginning of her tenency >> or if it's just from July forward, why doesn't it reflect?
Does it give a credit at the beginning?
>> [clears throat] [clears throat] >> He's entitled to a credit of $100 for June.
Oh, I paid >> How do I get $100 when that's not what Miss Anderson just said?
>> She paid $250 for a late charge. Is that what she should have paid 150? So, >> she didn't give us.
>> Okay. Does the ledger that I have that you have, council, does it reflect that credit?
>> No.
>> Why not?
My client compiled this from the date at which the non the date at which the rent was not paid. So >> So there isn't a concurrent ledger that's kept.
>> Well, last time we were here >> was made up afterwards.
[laughter] >> She go ahead and explain when you prepared this one.
>> I I prepared this ledger for I didn't know I was supposed to prepare it for the previous month. I just prepared it for July.
>> Why doesn't her account have a ledger?
Why doesn't her Why isn't there a ledger that reflects payments on this tenant?
What was the answer to that? I I just before I did it before.
So, how do I find out what she meant?
[clears throat] >> How do I find out what I can Sorry.
But where is that coming from? I don't >> your bank account show the payment situation.
>> Yes, my bank account.
So, and so if that ledger starts out in July, this one that's been created, it doesn't show a credit >> for the the $300 overpayment for the um um security deposit and $100 overpayment for the So, we need >> So, I guess what I'm saying is why come July If that ledger is to be believed, do I not have a $400 credit? Which means that for July, she should have only paid 19 or $2,900.
>> We have a $300 credit on the ledger. We just are missing the $100.
>> So, we're missing the $100.
>> No, no, no, no, no. You have it at some point on that ledger, right? But if you created a ledger that accurately reflects this tenency, that means her opening balance that she would have owed as of July 1 would have been $2,900.
>> Yeah. But I Yeah, second.
And so council the 19 no the the amount you gave me of the 22499 39 I think it is >> did that reflect the $100?
>> No I did not know about that. So it's 223.9939 minus the escrow.
>> How much does she pay in security deposit?
>> The 525 plus the 750.
>> And where is that being held?
>> In my >> in what? in my name >> is in a separate account.
>> Yeah. Can I explain something?
>> No. Answer my question.
>> Yeah. Yes. In Yes.
>> Or is it being held? What's the question?
>> Oh. Um, Chase Bank >> in a separate account.
>> Um, since then I've moved.
>> Is it in a separate account?
>> Has it been in a separate account from the beginning? No, cuz I everything over to LMC.
>> I don't know where her security password is.
>> You said it's a chase or it's been moved to >> to L. I actually closed the Chase account down and it's my LMC.
>> What is LMC?
>> It's a a like Michigan credit. It's just a I I I was going to charge as much.
>> Okay. Just tell the judge where it is.
What bank is it?
>> LMC.
>> What is LMC?
>> It's like Michigan.
>> Did you notify the tenant that that's where the security is being held?
>> No. Because I s in a separate account at this new institution.
Is this coingled with your account?
>> It's It's actually the savings account.
So, it's >> Is it coingled with your savings account?
>> No, I have a separate savings account and I have a separate check.
[snorts] >> I'll try the question again.
Is it in a separate account that delineates it as a security?
So, it's in your savings or checking account.
>> It's co-mingled with your funds.
>> Yeah. But I don't spend.
>> It's coingled with your funds.
>> Yes.
Did you send that?
>> Yeah, I sent it.
>> Who did you send it to?
>> I sent it to the district court.
>> Oh, they got to pull it >> for me.
That's all right. It we're good here.
>> Well, cowan, please.
So, M. Lyman, what are your how much are you counter claiming for?
>> Half >> half of what?
>> I paid in >> I'm sorry.
>> At least half of the um amounts that I have paid in. [clears throat] >> All right. And on what basis are you claiming that that money should be paid to you?
What do you mean by that?
>> Meaning why should I give that to you?
>> Because I haven't been able to leave live peaceful.
>> So interference with your >> peace.
>> All right.
>> Any other reason?
>> Mentally [clears throat] emotionally just distress.
>> All right. But this is a contractual case. So some of those damages aren't there, but you're basically claiming an interference with quiet and useful enjoyment of the process.
>> And how much is the plaintiff claiming an additional water?
>> The water bill is 19, this is just for May 5th to December 8th. Is 191580.
>> 1915.
>> Yep. 80 >> 80. Yep.
and [clears throat] the water bill. I had a payment plan. I was c I had a plan figured out and when I called they said she called and took the water out my name, put it in hers and paid it >> and then I sent an email. Did >> you do that?
>> What happened was >> No. Did you do that?
>> Because he said it was going to my tax.
She didn't accept plan by that date, the 13th of October, which she did not. I have the the uh the uh manager of of the utility company said she did not do that and so I came in personally and set it up and paid it with with borrowed funds so that I would it wouldn't go >> I don't care where the funds came from.
You paid.
>> Yes. So it wouldn't go on my tax bill because that's what they do. They don't >> I understand what they do. I didn't ask all that.
>> I I just was protecting myself. [snorts] >> So the water bill's been paid.
>> Yes, sir. Do I have a receipt for the amount paid on the water bill?
>> Yes, sir.
>> What I talked I talked to my three bills.
>> Uh we have one bill here.
>> We submitted everything to >> Well, we don't have it right now. It's one bill.
13583.
Yes.
>> Where' you show that?
Okay. Okay. Okay. Okay. Okay.
[clears throat] All right. It's okay. It's okay. Okay.
>> All right. Miss Lman, you saw that water bill?
>> Yes.
>> Okay. And that was the amount you were going to set up a payment plan?
>> Yes. That's right. When I called to set up, they said like an hour and a half or an hour, she had uh called in, took the bill out of my name and put it in hers and paid it. And then when I emailed about it, she had said, "Oh, well, you can just pay me now."
>> Okay. But you're you're not disputing that that's a water bill you would have had to pay.
>> Yeah, that's what I would have had to pay. Um >> you would have had to pay that 13. Yeah, you would have had to pay it anyway. You were just going to do it a different way with the township.
>> Yes.
>> Okay. All right. So, you're not disputing the figure.
>> No, that's the amount that uh I got bill for. I had a payment plan worked out where I was just going to pay it over time, not all in full at once.
Where's the email that says that it was going to go go to your taxes if it wasn't paid or an arrangement not made?
>> Um I can get an email from um the >> I don't you said there was one.
>> I have an email from the gentleman. I emailed it to the court. I I CC the court in the court record.
It doesn't immediately go on your taxes in any >> it doesn't immediately go on your taxes.
I know how it works.
This is from Cindy Robert.
>> Why did you take it out of her name?
>> Because I I had to pay it on the 13th.
>> But you could have paid it and it stayed in her name.
Why' you take it out of her name?
>> I put that in her name, but I just >> That [clears throat] is a by That isn't an answer to my question. On the day you went in to pay it, you're telling me that you paid it because you were worried that it was going to go on your taxes.
>> That's what >> Okay, that's fine.
It doesn't quite work that way, but that's fine.
You then But then the question becomes, why did you take the water bill out of her name?
>> Because I wanted to be responsible so I wouldn't be behind.
>> But that's not what the lease says, does it? It says it says it be it could [clears throat] be the lease says it could be paid by me and she can reimburse me, you know. So I I was just going to give her >> Why if it was Why was it put in her name in the first place?
>> I was giving her the option of being able >> Why was it put in her name in the first place?
>> They told me at the township that it could be put in her name if I wanted.
>> Okay. So then it's put into her name. So then it comes down to this date. Why do you change the name on it?
>> On the 13th, they said it the water bill was blue. It wasn't paid. I came at like 2:00 and then they close it.
>> Why did you change the name?
>> Because I wanted to be responsible for paying the I didn't want it to get behind again.
>> And so you couldn't be responsible without changing the name.
[clears throat] >> I could put her name. That's not what I said. You're telling me that you had to change the name because to be so that you could be responsible for it >> so that you can send me the bills and I can keep up with it and pay.
>> They would send you the bill anyway. You could always go online. You can look it up.
>> I just was concerned. That's also >> But why did why was it important for you to change the name? I thought I I needed to to be responsible for it. That's all.
I just wanted to make sure I got the >> You're the homeowner.
>> Well, maybe I didn't know. I just did the best I could.
>> No, you did that to harass her because you could have paid that bill at any given point. You can go right online and pay that bill.
>> They don't care who is it coming from.
That money is there.
It's there.
>> Lee says that I can take water and she went through university. I was just giving her an opportunity to put in her name.
>> It was already in her name.
Not very.
[clears throat] >> Was it in her name?
>> Not in May when she moved in. I I I put it in her.
>> That was the first month.
>> I let her >> in June. Was it in her name?
>> No.
>> July?
>> No.
>> August?
>> I put it in August.
>> September.
>> Yes.
October >> recollection. I think I I took it out of her name in October. So I think I had it in her name two months.
>> Goodness. Why?
Why did you do that?
>> I just wanted >> That was a question.
>> I was just trying to get it paid. So sorry.
You would agree with me, Miss Anderson, that you could pay that bill without changing the name?
>> You No, you know, at the time you paid it, you didn't need to change the name, didn't you?
>> Do you want me to change it back?
>> No, that's not what You knew at the time that you didn't have to change the name.
[clears throat] >> Did you know or did you not know that?
>> I did.
She said didn't know that. Okay. All right.
council.
You gave me a number at the very beginning of [snorts] 2249939 which has been changed to 2239939.
>> Yes.
>> As the total rat. [clears throat] >> Yes. Not not counting escrow, >> right? Not counting the escrow.
When you gave me 33 times six, you gave me 198.
So I just so that I'm council, I'm not double counting. I get for the six months of rent, I get 19,800.
Let's see. 8136 19800.
Yeah, that's what >> Yeah, that's that's what I get for the six months.
>> You have to point that out to me. I understand that.
>> 19800. That's correct. For 6 months.
>> Okay. So, what what's our difference? when you gave me the 22 now 399 you gave me 22 basically 499 [clears throat] and then but when I count the six month I get 19,800 so I don't >> okay well we start we also get 19800 for 6 months but we add we add to it the water bill of 1950 1950 and 80 got >> and we get the court cost of 180350 59 and we get late fees of $900.
>> Late fees of 900.
>> Yes, they're 150 per month.
Did were late fees subtracted out for the payments made into court escrow?
>> She was late every time it was paid.
Why can't I just get an answer to my question?
>> No, they were not they were not taking into account money she paid to the school. She paid $3,300 twice.
So, I want to be clear on this, Miss Anderson, because I miss Lyman is claiming and and throughout the course of this case and council, you haven't been here while it's been going on there.
>> [clears throat] >> She's claiming interference with her possessor.
Are you sir on the day that Miss Lyman is claiming before I go back and look at this tape, did you send a gentleman to the premises? Make sure you give me a correct answer.
>> That was your question. Okay.
>> Did I send a gentleman to the to the house?
>> No.
She said I was in the car.
>> You have also to this court indicated you were not in the car in front of the house.
Is that correct?
>> Sitting in the car in front of the house. No, I drove by one time just to check on the house. I I've driven by one time in four months. Four months I've driven by one time.
>> Not that he's not asking about that.
Okay.
>> No, I was not in front of the house waiting for anything.
>> Do you know anything about the gentleman that came to the house and came around the back of the premises as Miss Lyman has indicated?
>> No.
Just to be clear, what date was that?
>> November 10th.
>> November 10th.
>> 10th >> like 9.
[clears throat] >> She has not.
>> She has not. She's asking.
It was like the same outfit like on today. It was like a tannanish little pinkish color that you >> tannanish >> like the hijab.
>> Okay.
>> Give her hands email and [clears throat] have her send it.
>> It wasn't the first time that somebody had walked around the house.
She sent I believe her contractor before them.
>> A lot of Muslim women in the neighbor had jobs in our neighbor.
>> And what's your argument in terms of the interference with her possessory interest?
There's been no facts presented other than this person who walked to the back of their house about uh interference with um her possessor interests.
>> Okay. So that and and [clears throat] I I hear you council, but can I just say that and again you weren't here when that other case and when I was coming back to get my decision actually she's put forth other claims of where your client has gone to the house. This one that she put forth today is one that wasn't included in that.
>> Well, I know that you were not not again. What the heck? I'm sorry.
>> The only time I was at the house was when he was court ordered. I haven't been at the house since. I don't go to the house.
>> Okay. Okay. All right. There was a court I I I know that there was a court-ordered inspection.
>> Yes.
>> And she was >> because there had been problems with coming to the premises and then claimed that she wasn't able to get in.
>> Right. She You were here You were there at the inspection, right? Yes.
>> Okay. She was there at the inspection.
Correct.
>> I haven't been back.
>> You've not been there other than >> other than driving by. Oh, >> you already you already talked about driving by.
>> Yeah. Just to make sure the house is still there.
>> There's not You've not been on the premises.
>> No, >> except for others on the premises.
>> No.
>> You You've not authorized anybody to be on the premises, Miss Anderson?
>> No. I I I don't even know if it's still there. I drive by every now and again.
Make sure it's still there. [laughter] But I I >> Okay, you already said that.
>> I'm going to say council that and again you're at a slight disadvantage that doesn't quite fit with what's been presented to the court previously. So, um [clears throat] All right. You sent that video. Yes.
>> All right. So, what Ann has a >> Oh, she said she'll answer when she receives it.
>> All right. So, what I'm going to do is I'm going to stand in recess and council. I think we we have your email.
>> You I don't think so. I I'll give this lady >> So, why don't you give it to her and then what I'll do is I will I'm going to take it for recess. when it comes through to us, we will send it right to you, counsel.
>> I'd appreciate that >> because that way I know it will go to your phone because you've been answering it all.
>> No, I'm just kidding.
>> Spam calls that are spam.
>> No, it's okay. I understand's going to stand in everybody. Thank you.
The court has had an opportunity to review the uh videos and submitted by the defendant. Is there anything that plaintiff wants to say regarding those?
>> Uh we know nothing about the person being there. We don't recognize the person or the guard.
>> And Miss Lyman, how are you so sure that it was Miss Anderson there? The guy, he [clears throat] was there before by himself taking pictures inside of the basin and then >> he was what?
>> There before taking pictures inside of the basement and then this time >> What do you mean he? So I recalled the issue regarding the basement. You're saying this guy entered the home?
>> No, he didn't come in. That's who was taking pictures outside in the window like through the basement window >> that you had talked about before.
>> I seen her. That's why the hand was up when the car had came back past.
>> So your testimony is you saw Miss Anderson in the vehicle.
>> Yes.
>> On the what would have been the third video that the court received? It was the guy coming back around from the back of the house after he seen the camera.
>> Well, no. I think I may have received them in a different order, but the last one I had was actually it looked like the back of the premises and there was a deck.
>> Yeah, >> that the camera the deck I'm seeing is that the deck that's attached to the premises you rent?
>> Yes.
>> Okay.
And Miss Anderson, you're indicating that you know nothing about that individual.
>> Miss Lyman, you're sure that that's the individual that was taking pictures inside the premises?
>> Yes.
>> I never they never came inside. They were just taking a picture from outside in the basement.
>> Right. Right.
>> What were you going to say, Miss Anderson? I want to give everybody an opportunity to say what they're going to say.
I I never sent anybody to take pictures of the basement. You said you let somebody in to take pictures of the basement. I never sent >> No, she did. She didn't let someone in.
You stood outside and took pictures.
>> I I didn't send it.
>> Anything else additional from either side before the court rolls?
>> Not plenty.
>> Anything else, Miss Lyman, you want to tell the court?
>> Um, no. I'm just trying to make sure that the only thing that I have left to pay is the last 3 months which is the 9,900.
Correct.
>> Well, okay.
I'm just going to Well, I'm going to do it this way.
Anything else you want to say and I'll let you know what you have to pay.
>> No, not really. I just don't think I should be responsible for court cost just because when we started coming was already paid and yeah about the water bill I don't really feel like I should be responsible just she took it out my name paid it herself but if I have to I will just take the company what I'm going to do is I'm going render my decision. And I'm going to do it this way. The original case that was filed, which is, and let me just get is 251C 2176.
And that's the one that I'm going to render the decision on.
2176.
All right. And the court has throughout this entire thing first of all reviewed all of the um documents presented by the parties in [clears throat] detail and frankly am unsure except as to really what is animosity between these parties as to why there is so much stuff here. Um, and from the perspective of the plaintiff, I would just indicate that the many of the allegations made by the plaintiff regarding her need to get into the premises, certain things that need to be looked at.
um and all of those things quite honestly the court views is just some pretext to interfere with the possession by misman um there wasn't a need we went through and just by way of example we went through a whole seemed a series of hearings regarding the look in looking at something in the basement of something that potentially could occur her that she wanted to get in the house, but Miss Anderson was really letting her uh her true motivations uh be known because every time she would indicate that she needs to look in to make sure that the premises are in some way um damaged.
There was no indication whatsoever that Miss Lyman had done that. She was then at another previous point accusing Miss Lyman of not being the actual tenant.
Um going so much to the extreme of asking the court to tell her to turn on the camera because that wasn't the person that she rented from and that she was dealing with somebody else.
Um, every hearing the person that's been appearing has been Miss Lyman. This is Miss Lyman that I see here today. No one else has appeared. Um, it also seems a bit disingenuous for the plaintiff to say that because there would have been in-person contact prior to the rental in which he rented to Miss Lyman um, and the like. Miss Lyman may have had people there. She may have had other things, but Miss Lyman has been the one here and been the one taking responsibility for that. So, I don't think that Miss Anderson um frankly she Well, let me I'll just be blunt about it. I think she wants to have control of everything, including Miss Lyman, what Miss Lyman's doing, who Miss Lyman has there, and the like. And none of it makes much sense to me. Um, if she wanted to inspect for damages mid lease, inspect for damages mid lease, but she came in here accusing Miss Lyman of fraud. That has not been substantiated in any way whatsoever that Miss Lyman was somehow fraudulently reading the premises.
Um it was just sad that that was it and that it wasn't Miss Lyman and you know it and just over and over doing that and I don't know why Miss Anderson wanted to do what she was doing but it just throughout the course of these proceedings and hearing after hearing just this sort of berating of the tenant um saying that she wasn't doing something.
Just continue.
While I've heard what Miss Lyman has said and said to council about not knowing that person in that vehicle, I am having a very difficult time believing that to be the case because there were people coming testified by Miss Lemon before that there were people coming to the premises um all coinciding with Miss Anderson wanting to get in.
Frankly, if this were just a simple issue, and it should be, and that's how how the court's going to view this case. It's a simple issue is this is a non-payment case. That's all that it is.
I don't there has been no proof whatsoever presented to the court that Mr. Lyman has damaged the premises causing any waste or destruction of those premises or is in any way abusing the premises or violating any terms and conditions of release.
Um but what I do think is that she's been harassed by Miss Anderson.
Um, and while it may not seem much, when the water bill was coming out and that kind of popped into this case at some point, she was even in court berating um the defendant about paying the water bill. Well, certainly the water bill should be paid and there are just different ways that landlords go about doing that. But she just continued to go after Miss Anderson about paying the water bill. Kept saying water bill was somewhere around $1,800.
Um the only bill that I've received today is for 131583.
Claims that there are these other payments. I don't know that to be the case.
Um, but that's all I have in terms of the water bill is the 13 131583.
[clears throat] I then have in terms of rent not paid and I think it was explained to Miss Lyman that the rental period starting on the 5th but her lease doesn't end till the fourth day of the the end of the term is that 30-day or month period. So it's not like she's being shorted. She's not entitled to any type of credit for that. But as it regards the rent on the premises, there's a total amount of 8 $19,800 owing in rent.
So when I take that and the water bill together, which the water was supposed to be paid by Miss um Lyman, I come up with a total amount of 21 15 or $21,15 that is owed by Miss L. Now, I've not made any deductions for what's been paid in at this point. That would be the aggregate amount due. I am concerned um that there are then these additional late fees added on and late fees should not have been charged for the defendant whether she paid it to the court late. There are remedies for a landlord.
And let me just put it this way. That's part of the problem is that Miss Anderson tries to make her own rules and she was paying escrow to the court and should not have then been charged late fees. Miss Anderson's justification, as she blurted out, as she typically does, was that she paid the rent late to the court, so therefore she's entitled to a late fee. Not the way it works. the landlord has certain remedies if she were late paid to the court, which quite frankly Sanderson has had been able to take advantage of with the whole start of the trial in this proceeding by an immediate trial, but it doesn't give you a right to a money judgement, but gives you a right to an immediate trial. There are those things, but the late fee not going to do it. So claiming some $900 in late fees.
I'm going to take off because that's what's been paid into escrow. So $300 comes off of that. So of late fees, there is only $600 for late fees instead of the nine that's claimed.
Now, the other problem that I have is that the I don't know where Mr. Lyman's security deposit is. I can't get a straight answer.
What I know is it apparently is co-mingled with the funds of the plaintiff.
It's absolutely inappropriate under our statutes and should be held in a separate account for which Miss Lyman because it was really her money that the landlord is holding has to be notified as to where it is the financial institution and the like. That is a clear violation of the law in the way that Miss Anderson is conducting her business.
I also don't know that um her counting is all correct because there were certain numbers that had to come off and come on and somehow the notice that was sent on this case would have been incorrect. The notice that was sent to the tenant regarding the amount she owed would have been incorrect because there was at least the $100 credit and then presumably other credits that went to the tenant credits of and I say it this way because there it's it's money that she's paid.
It doesn't necessarily change the bottom line, but it's certainly money that she's paid. Miss Anderson knew or should know that she's received the funds from Miss Lyman. Um, but somehow or another, Miss Lyman has to get herself here to explain to the court that I made these payments.
There isn't a ledger in the sense of a ledger of her payments each month because apparently Miss Anderson believes she didn't have to keep a ledger, an account ledger until the time that she filed the notice or until actually what she said is until she paid into escrow. I don't even know where that comes from. That doesn't even make any sense and certainly it's not a sound business practice by any stretch of the imagination.
So what I have is I have with late fees, rent and water, I have the tenant owing $21,715.
She has posted and council remind me what were your costs that you were delivering?
>> Costs are 18359.
>> Okay. And while Miss um Miss Lyman doesn't believe that she have the cost because rent was paid, I don't find that necessarily to be the case. I think the the case the original case could have been filed.
Um, but it just wasn't. I mean, it it could have been filed. It was filed. I'm not even clear when I look at everything that it needed to be filed. Um, as it seems to me that for the most part, Miss Lyman finds a way to um get herself ultimately paid in full.
And I'm I'm going to say this this way.
I think Miss Anderson was trying to harass Miss Lyman.
I've said it in the regard to how she handled her tenency, but I also think and I this was not um certainly um council's doing, but there's a case that was pending before the court that the court was coming back to render a decision on.
And for some inexplicable reason, Miss Anderson files a new case that then gets served on Miss Lyman as frankly as the court interprets it is just an an added attempt to try to um pressure Miss Lyman to pay The court never got a straight answer as to why and why this was even um filed.
But I I just find it odd because also and and falsely, at least based upon what's been claimed here in that complaint, she alleged $1,500 water bill, which supposedly was due October 6. Now, I've never seen a round rounded off water bill. I'm sure it exists someplace, but I've never seen one like that. And that's what she put on there. And [clears throat] again, I think it was just an attempt to try to pressure Miss Lineman into doing something that maybe she was entitled to. But again, I could never get a straight answer as to why this next case was even filed. It it made no sense to me whatsoever. This action was already pending. And um again, it it just made no sense whatsoever uh from the court standpoint that it was filed.
>> [clears throat] >> Because of all of the harassment, I think intentional interference with L, Miss Lyman's quiet and peaceful enjoyment of the premises. What the court is going to do is court is going to award on her counter claim on that $1,700 to her.
That would bring the plaintiff's judgment to a total amount of $20,15 plus the 18359.
And council, I just want to make sure [clears throat] which case are you getting your cost from because Is that the the new filing or the old filing fee for him involved in this case? I mean in his proceedings after the second case was filed.
>> Correct. So that that I just want to make sure those are the costs you're giving me is from the second.
>> Well, no, actually her her figure is the cost come from the first case. Is that right?
>> I was combining them.
>> She was combining them.
>> Pardon? She was combining the two cases.
[cough and clears throat] >> It was the first case. I don't >> You don't know. [clears throat] Well, we'll just take the filing fee and the service fee and and filing fee was what?
$75$175.
>> No. Well, here's a problem. On the first case, I have a filing fee of 130 uh and a 55 filing fee on the second case.
>> Okay. I have a service fee on the first case of 3230 as well as 30 32 30 and 3220 respectively between the cases >> 3230 3230 and 3220.
>> So yeah, so here's what I'm going to do.
The only cost I'm going to award council is I'm just going to award the lower of them and so I'm just going to award 8720 in cost.
>> Okay?
Cuz again, it's on a case that should have never been filed, but I that's the way I'm going to do that. And um that would make the total judgment to the plaintiff.
They have mess here. But 01 [snorts] I get $20,12 is the total judgment.
in this tiny 20,100 [snorts] $20 >> or 20102.20.
>> All right. Okay.
>> And then Miss Lyman has posted into escrow subtract off of this 8,000 $870.
>> May I ask has court um determined that that's correct figure because it was 66 when I came in this morning.
>> There was 66 and then there was another >> I had determined that there was 2,000 >> Yeah. posted.
>> Okay. Okay.
>> Miss Lyman, you have your hand raised.
Yeah, cuz that doesn't seem right to me.
If I only owe um the last three months, that's $9,900. With the water bill, that should only be $11,000.
And then >> 11,000.
Correct. You know what? I I know part of what So, here's what I did.
I'm only going to so the the total figure that I came through with rent water and light just is $21,15.
Okay.
I'm awarding them cost of I say >> 8720 >> 8720 >> would then bring the total amount of their judgment amount up to $21,8220.
So even in the prior proceeding when she said she wasn't count >> I only gave for four of those months >> even though that she had said before >> I understand what she said but under the lease she's entitled to >> even if she said it or even if it's a record that she said it.
>> So how many times do you think you're going to answer the question get a different answer from me?
Well, I think I'm pretty clear in what I said.
And then I'm going to subtract out from that figure the $8,870 >> which gives you 12 920 >> 129 32 >> 20. All right. [laughter] So after the escrow is released to the plaintiff that would lead to a judgment of 12,932 >> even though half of those months I've been harassed.
>> I gave You need to listen to everything I said.
I gave you a credit of the total amount of $1700.
That is for the harassment that you received.
Um the interfere really what is interference with your possessor interest to the extent it was interfered with. I gave a $1,700 which I will tell you historically is a large amount for that type of claim from this court but I think that >> does that need to come up?
>> No, I took it off.
Okay.
So I gave you credit against that amount because this number would be a lot higher otherwise.
Right.
It is nowhere near the figure that we started out with of the 22 almost 22 and a half that would have been owed which would have then gotten us somewhere in some bizarre like neighborhood. All right. But basically, if you look at it, Miss Lyman, effectively, it's going to be the cost, the water bill, and the three months of rent plus what's owed on September rent.
>> That's going to comprise that amount.
All right, we will prepare. All right.
So, it's the the total amount is the is $12,932.20.
Ma'am, [snorts] I know that you were looking at getting everything paid by the end of the month. How long is it going to take you to come up with that?
But you were looking at the 90.
>> I was looking at the >> 99 basically 10.
>> Okay. So, I have to pay the water bill in hole instead of paying it in small increments like I was going to do with the water company.
>> Yes. That was also part of the calculation that went in with the 17.
>> Right. But I'm saying >> because I think she interfered with your ability to have a payment plan for the water.
>> So, I can't do the water bill independently.
>> Excuse me.
>> No, I'm saying I can't do the water bill independently.
>> She paid the water bill. You're supposed to pay that water bill as it becomes due. I understand what you were trying to do again in the 1700 that went into my calculation because I don't I and I'm not going to even ask because I don't get a straight answer as to why she did that, took it out of your name and the like, but I've taken all of that into account.
And so now I'm asking you and I could because I also understand that if the water bill were out of the mix, you would basically have around a little over 10,000 that would be due.
So let me ask you this cuz you got about 13,000 that you got to pay.
How are you going to get that paid?
because you're going to be coming up on January rent also, but this isn't included in this.
Let me let me just ask you this. How much time are you going to need to get this paid?
>> A little after J.
>> Pardon?
>> A little after.
>> Like what does that mean?
last week of January, February, I can't give you that long because you're going to have January rack up again.
You follow me? I mean, you're going to have that next 3,300 click again, which is going to kick this figure out.
and Miss Lyman so that you also understand sort of the time frame that I'm working on. So you got that coming up but also today's what the 9th. So the normal red date in this case would be the 19th to pay.
But I heard what you said to me about when you were going to get the rest of that. There you go.
Here's what I'm going to do.
All right, listening to what you said. The order of eviction date on this matter will be January 5th, 2026.
So we need that amount would need to be paid by that date. Now, so that and I'm going to say this directly to you, Miss Anderson, the monies that come in must be applied to the judgment.
So, if she paid 4,300 and the judgment is still outstanding, applied to the judgment, it can't you can't just say, "I taken it as January and she still owes me this." It may be that if she gets that money all by that amount paid and you still hasn't paid January rent at that moment, you're going to have to start over on another case. Am I clear on that?
>> Am I clear on this? Is just simple math.
Any monies that come in must be applied to the judgment. Don't come back in here having accepted 3,300 saying you're applying it elsewhere.
We understand that, your honor.
>> Thank you. I'll let your attorney explain that to you. Yeah.
>> Uh there's one point at the at the conclusion of this case. What What is it that the two >> pin drives?
>> Yeah, she said the court has two pin drives that she'd like back.
>> You know what? She's been bugging me about those things specifically direct to the court a motion of what she would like returned and I will look at it but nothing is going to be returned to the appeal period is fine.
>> I have one other question. Do we prepare the judgment or does the court prepare the judgment?
>> I'll let you do it.
>> Thank you.
>> Thank you.
And Miss Lemon, make sure you get a cop.
At some point, they'll prepare the judge, but I'll sign off on it. Make sure you have a copy of it. Come up to the court, get a copy of it. All right.
Thank you.
>> So, are is everybody here on the X?
>> Yes, sir.
>> Everybody's here.
>> Okay. You guys have to give me a couple minutes. Otherwise, I'd find somebody to yell at. It probably be him, right?
Court's going to stay in.
>> No, I take her, too. Court's going to stay in.
>> Miss Anderson, a landlord, stormed into court demanding over $22,000 from her tenant, Miss Lyman. On the surface, it looked like an open andsh shut non-payment case.
6 months of unpaid rent. Simple math.
Case closed. Or so she thought. But as the hearing unfolded, the judge began peeling back layer after shocking layer.
First, Miss Lyman revealed that someone had been sent to her home.
A man caught on camera walking around the back of the property, retreating only after spotting a security camera.
Miss Anderson denied everything, but the judge, he wasn't buying it. Then came the water bill scandal. Miss Anderson had taken the water bill out of Miss Lyman's name without permission, paid it herself, and then demanded repayment.
The judge was furious. You could have paid that bill without changing the name. You did that to harass her. the security deposit, illegally commingled with the landlord's personal funds, no separate account, no notification to the tenant, a clear violation of Michigan law, the fabricated ledger created after the dispute, missing $400 in credits owed to Miss Lyman, the $900 in late fees charged while rent was being paid into court escrow, denied by the judge, and that mysterious second lawsuit filed while the first case was still pending.
The judge called it an inexplicable attempt to pressure the tenant.
In the end, the judge slashed the $22,000 demand dramatically, awarded Miss Lyman $1,700 for harassment of her peaceful enjoyment, and delivered a final judgment of $12,932.
Miss Anderson wanted control. She wanted revenge.
Instead, she got exposed.
The courtroom watched in stunned silence as justice landed, not where the landlord expected.
Speech balloon. Do you think $1,700 was enough for everything Miss Lyman went through? Comment below. We want to hear your verdict.
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