In Michigan landlord-tenant law, when a landlord files a termination of tenancy notice, they cannot accept rent after filing, as this waives their right to terminate; tenants have the right to hire a lawyer, seek legal aid, demand a jury trial, and access emergency financial assistance from DHS, Community Action Agency, or Neighborhood, Inc. to help pay rent arrears and avoid eviction.
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Landlord Tenant Matters 3B District Court May 29, 2026本站添加:
Good morning.
We're starting a little early this morning for our landlord tenant docket.
We usually start at 9, but I had some uh cases I need to fit in here. So, we may have a bit of dead air here, but we're going to start just a few minutes with our 845 case. It is a beautiful day kind of day. Maybe it'd be nice to have the day off.
Anyway, this song was bound to be here.
It's a turn it up song.
You all know it.
Even if you are from California, she grew up in an Indiana town. Had a good-looking mama who never was around, but she grew up tall and she grew up right with them Indiana boys on an Indiana night.
kind of save that song. Today just seemed like the right day for a little shared turn it up.
Hope you listen to that one today.
Don't know if we'll see Mc Bower today or not. She'd been on a vacation and uh I haven't seen her or spoken to her. I guess we'll ask for her.
She grew up tall and she grew up right with them Indiana boys on an Indiana night.
I guess there are advantages and disadvantages.
It's a privilege to be in this courtroom.
It really is to end my career in here.
And uh we're going to be busy till about noon today. So, we got people in the waiting room. It's 8:42.
Let's get started. Good morning, everybody from everywhere.
You folks in Washington, it's very early in the morning.
I'll turn the courtroom back on. Yeah.
Everybody have a listen to what is just one of a hundred great songs by that artist.
She grew up tall and she grew up right Indiana boys out of Indiana night.
All right, it's time to get to work.
Let's turn the record on.
Let's uh bring everybody in.
Good morning.
>> Good morning.
>> Are you still getting >> your honor?
>> Yes.
>> Are you still getting that?
>> Yes.
>> Okay.
>> Um I'm not sure what it is.
Um but uh we'll do the best we can. I set this matter uh early because we had a crowded docket and Mr. Ragnus was going to be here this morning anyway. I think his other cases have been resolved, but this case is not resolved.
This is entitled Vicky Patterson versus Cassandra Oglesby, but it's now Cassandra Rhodess.
Cassandra Rhodess is here by Zoom. The plaintiff is present with Mr. Ragnus in his office. We were here last week. We adjourned this matter for one week. This is a termination of tenency case. It's a month-to-month lease. Defendant was served a notice to quit in February and the plaintiff wants her to move. Um, is that still your position, Mr. Ragnes?
>> Yes, sir.
>> Miss Rhodess, what's your position?
>> I moved into the house.
>> That was always my position, wasn't it?
Um, >> well, you had a month-to-month tenency.
They gave you sufficient notice to vacate.
They don't have to have a good reason.
They can just simply ask for the property back and uh that's what they've done here.
Have you made any provision to move?
>> I have four dogs.
the housing market.
>> Your microphone is cutting in and out so I'm having trouble hearing you. But um the bad news is you have 10 days to move or you're subject to being evicted.
uh 10 days from today would be the uh 9th or the 8th of June.
Get my calendar here.
Mr. Agmas, I couldn't find an order in here.
>> Oh, I thought we had emailed one.
>> Let me see. But I will get it resent if we haven't.
>> I didn't see one. It could have gotten separated. Anyway, Miss Rhodess, you're still there. Um, they've dotted the eyes and cross the tees for you to move. I realize this is your mother, but she wants you to move. And this is the procedure that's used to get people to move that don't really want to. So, you have 10 days to move or you're subject to being evicted. That's where the sheriff comes and puts your stuff out in the street.
Uh, I'm not ordering any money damages.
I'm not ordering that you pay anything at this point. I'm just asking that you move. If you don't move, you're subject to being evicted. Now, let me tell you a couple things. The classic rule is that you turn in your keys and give your forwarding address in writing within four days of your moving. Hello. Of course, this is your mother. Yes. Can you hear me?
Can you hear me now?
I've lost your uh audio.
>> You sound like a TV commercial. Can you hear me now?
>> Here's May. We haven't seen her in a while.
Miss Roads, I can't hear you and you're making me dizzy. So, if you'd sit down or land in one spot, that would make it easier.
I just see you walking and your mouth uh moving, but I can't hear anything that you're saying.
All right, Miss Roads, you got out of the car uh for a sort of a scenic tour, but I can't hear you. Can you hear me?
All right.
Uh, your microphone is muted somehow. It doesn't appear to be, but I can't hear it.
Uh, as I advised, you have 10 days to move or you're subject to being evicted.
That would be the uh 8th of June.
Um, and I also told you you need to turn in your keys and give your forwarding address within 4 days of your moving.
Your landlord is your mother. Um, they're not asking for any money damages at this point. She simply wants you to move.
So, I'm going to send you a copy of this order saying that you have 10 days to move and 10 days to appeal it.
>> And we've reset.
>> What's that?
>> Yes, I see that. Uh Elaine, would you print that for me? Miss Roads, you can hear me, but I can't hear you. Uh looks like you're at a place of commercial business or something. But at any rate, you're going to have to move out.
Um I don't believe there's a security deposit here or anything, but uh that would be part of the equation. and they could apply your security deposit to any unpaid rent or damages.
Um, I heard you better when you were in the car and uh plus I didn't get as dizzy.
Elaine, I don't know if you saw that email from Andrew 3B Civil, but uh there's a judgment there to print.
She's on the passenger side.
All right, Miss Rhodess, I can see you better now, but I still can't hear you. You indicated that you could hear me.
Uh when I asked you if you'd made any provision to move, that's when your microphone cut out.
>> Uh I'd like her to print that order that Andy sent to 3B Civil.
>> All right. I guess that's all I can do.
You're going to get an order in the mail. You have 10 days to move or you're subject to being evicted and you also have 10 days to appeal it. Did you understand that? If you did, nod your head.
Okay.
You're good to go.
>> Thank you.
>> All right, Andrew. I got dismissals in your other two cases. You had sent us an email earlier in the week saying that those were in the works.
So, it looks like you don't need to appear for anything else this morning.
Okay.
All right. The tie comes off >> and uh you can uh discussed. What I didn't explain to her is your client has 56 days from the day to seek the rid of eviction, but uh obviously there's some family discord here and I don't have to understand it, but you can advise your client accordingly. Thank you.
>> Okay.
>> Hey, Meg, did they send you notice?
Hey, Andy. I think there's a an issue with the mail the the email list for the the bar association. Like I haven't gotten any emails um since 2025, but I'll text Ross Ross today. I put a list together or I I pulled the old emails and I separated them by name and and stuff like that.
So, I'll text Ross today and try to get that fixed fixed. Okay. And I'll >> send her an email, Andrew.
>> You also got >> All right. Thank you, >> Megan. It sounds like you came back from your vacation with uh something, but anyway, your fans were wondering where you were. And uh thanks for coming back today. Today is dense, but it doesn't seem too terrible.
>> Seems like Andy got us.
Yeah, Andy. Uh, let me All right. Thank you.
Hearing 10 days from today.
Today's the 29th to be June 9. June 8th.
Judge, is that 9:00?
>> Our next one is 9:05.
We've got some gaps here. I know we had a nine. That's um Mr. Davidson and uh Sean Haley.
>> Okay, I'll I'll be right back.
Sorry.
>> Good morning, Mr. Davidson.
>> Good morning, Mr. Middleton or Judge Middleton. Can you hear me?
>> Yes, I can. Very well. I'll put you in the waiting room. See when Mr. Haley shows up.
a lot of files here.
All right, looks like Mr. Haley might be here.
Although I thought he was going to come live.
Morning, Todd. This is Judge Middleton calling. Has Sean Haley showed up for his landlord tenant case? I heard he was going to be here live.
>> I had a gentleman just >> All right. Send him upstairs. The clerks will We'll just go ahead and send him up. Thanks. All right. Bye.
All right, he's on his way.
I'm bad, judge.
>> Morning, Matt. Morning, Meg. Happy Friday.
>> Yes, happy Friday.
>> Mr. Haley is here in the building. He's on his way up the stairs.
>> Happy Friday, your honor.
>> Thank you. The morning is pretty busy.
The afternoon we should be able to get some catchup.
I had a week where I didn't have a lot of things scheduled. I was scheduled to do a felony trial in Three Rivers and all the cases resolved. So, it left me with a mostly blank calendar for Tuesday, Wednesday, Thursday. So, it's been a slow >> done >> in Lake Wagon. Yes. Uh we did, but after a while, I'd rather have things to do.
So, today's the day we got things to do.
Now it will make up for it.
>> Although I had a trial this afternoon. I was going to try to get two feet closer to the finish line, but the case had to be adjourned and so we had scheduled a 4 hours worth of trial time this afternoon, but we've lost that.
>> I'm not going to lie, judge. I'm not totally disappointed by that.
>> Yes. It sounds like you got a little more recovery to do. Vacations are rough. You have to rest up after you go on vacation.
Good morning, Miss Corp.
>> Good morning, your honor.
I was actually back last week, judge, and this seems to have struck over the weekend, but um we've got uh we've only got three attorneys taking cases in my office right now based on the um I guess I don't know if you've heard that Don Roberts announced he's retiring. I can't remember if we talked about that last time I was >> I think I knew he was going to >> Yeah, he pushed his uh or I'm sorry, he's not retiring. He he specifically said he's resigning, but um >> no, I hadn't heard that this >> Yeah. Um but he pushed the date back >> from May 31st to July 30 31st, I think.
Right.
>> Um and then uh I believe my colleague Adam was in your courtroom earlier this week maybe. No, last week I think >> that case resolved and I'm very pleased about that.
>> Yeah, I put him in a So I guess you'd available to consult with them.
>> I was just going to tell you Judge Adams leaving our office in two weeks. He's going to our Grand Rapids office.
>> Oh, >> I know you don't see him very often.
Well, you had got COVID fellow money and you had a extra lawyers and uh landlord tenants specific lawyers and it was a good time. But that money they just printed like turning straw into gold and uh that money's gone.
>> Have a seat.
>> Okay.
>> Right there.
>> All right. Yeah.
I can tell you more about that.
>> Good morning, Mr. Haley.
>> Good morning, J. How you doing?
>> Uh, welcome to our new old courthouse.
>> I don't think you've been on this side.
>> I'm not afraid to have you in the courtroom with me. But also with us this morning is Meg Bower from Legal Aid, >> and she is here by Zoom. So, if I do need to set you up for consultation with Legal A, I can do it by Zoom, which is why you're in the conference room rather than here in the courtroom.
>> Let's talk about your case. This is Signature Enterprises versus Shaun Haley. The file number is 26927LT.
Attorney Matt Davidson is here with his client, the owner of Signature Enterprises.
This is filed as a termination of tenency case. This is a property on East Street in Three Rivers. Seems like we went through this before.
Anyway, they want you to move. They served a notice to quit on you on March 15th. It's now June 29th.
>> Uh this was a I think a week toe teny.
I'm not No, there is no lease. I'm not sure what it was. Anyway, they want you to move and as such, you have a right to hire a lawyer. If you cannot afford an attorney, you could see if legal aid would be willing um and eligible to represent you in the matter, or you could seek other legal advice. You have a right to have the case heard here in St. Joseph County where the property is located.
>> Yes, sir.
You have a right to demand a jury trial.
If you wish to have a jury trial, you must tell me at this first appearance or file the written demand within five days and be prepared to pay the $50 jury demand fee unless the judge waves your fee for the inability your inability to pay it.
You may be able to resolve the case by going to mediation with your landlord.
That has never happened, but uh it might. And if both parties are interested in going to mediation, the court can make that referral.
And finally, you may be able to reach some sort of an agreement with the landlord. That means a conditional order of dismissal would be prepared short of an actual court order or writ.
And uh if that was the case, Mr. Davidson or the court could assist in preparing that. Mr. Davidson, at this point, your client is simply asking for possession of the premises back.
>> Yes, please. Your honor, please.
>> What's your position, Mr. Haley?
>> Uh, my position is I I really don't understand why he's asking me to leave the premises.
>> Boy, this is bad. This is our conference room and I can barely hear it.
>> Uh why don't you scoot up a little closer to the microphone >> or or judge have him in the courtroom and if we need a consult he can go back.
>> Right. We'll see how this works. All right, Mr. Haley. Uh they want you to move. What did you want to tell me?
Well, like I said, a month, I believe.
>> Fine. Just stop for a minute. Just come on in the courtroom.
>> All right, Mr. >> All right, that's bad. Those rooms are a little aluminum boxes set out in the historic hallway. They're not ideal.
Uh, somebody unlocked the door.
>> Yeah, >> at least open the door. We don't have a baiff up here this morning.
That's one way to keep people out of the courtroom.
>> I'll drive over and do it, your honor.
>> What's that?
>> I'll drive over and do it.
>> You have a key? I have a key. I guess I could get off my butt and go do it myself.
>> All right. I've got one. But >> anyway, good morning. You're Sean Haley.
>> Yes. Yes.
>> Just have a seat. I've known you for about 45 years.
>> No, you can have a seat.
>> All right. Um we can I can hear you better and see you.
>> Yeah.
>> Uh your landlord is asking you to move.
Yeah. And uh what's your position?
>> My position is uh at at this moment my my rent uh to him is being has been direct deposit uh straight it goes straight to his bank. Uh, I only missed one one month and that was when the tornado hit Three Rivers and crashed crashed my bank uh, central bank in and I ended up couldn't get to them or anything and had to use money to to survive a little bit. I thought maybe it already went to went directly to him, but apparently it didn't. So, >> well, at this point, He's not asking you to pay the rent.
>> Yeah.
>> He's simply asking that you move. Now, have you paid any rent since March?
>> Yeah. Matter of fact, uh it it today it should go in his account into the bank.
>> Did you pay April's rent?
>> Yes, I did.
>> Did you pay May's rent?
>> Yeah, I missed I missed this uh when the tornado came. That was it.
Apparently, he's >> just a minute.
Apparently he's upset because I don't do the work like uh go cut his grass at his house. I do I do everything else.
>> Mr. Davidson, >> March.
>> Yeah. Um the situation, your honor, was that um he he had the money um I I believe he gets social security or for whatever whatever the money that gets direct deposited into his account, he would spend it before it got, you know, before the rent got done. And that happened. He brought in part of the month for February. None of the rent for March. U >> Oh, the rent for April was paid. And I believe that just because it was automatic deduction if you have just now for April >> or for May >> we refund it or I mean he's behind a month anyway. So as long as we're as long as he's current on the you >> well you can't accept rent in a termination tenency case after the notice to quit.
>> So he's he's filed a notice to quit.
There's no lease. He's accepted April's rent and now May's rent.
>> Yeah.
>> So, he's either gonna have to turn this into a termination of teny case, excuse me, of a um non-payment of rent case. He forfeited his right to terminate the teny by accepting rent >> for April and May.
>> Yeah.
Why is the uh the >> why why your honor is the u uh if he terminates his teny he couldn't keep his rent current? I believe he can. The termination of tenency is not about rent.
If he has a termination of teny as long as he's current to the date of the eviction uh that's legal.
He doesn't have to uh not take rent in a termination of teny as long as he's not behind and the person is behind to begin with. So he's still not current.
>> No >> termination of teny is not about rent.
>> Mr. Davidson, I'm sorry.
Uh you're absolutely incorrect. All right.
>> Park Forest that says when you file a termination of teny, you can no longer accept rent.
Um >> my apology.
>> Um there are some exceptions.
Um but once you accept the rent, it undoes the efforts. So the landlord's in a catch 22 once they file the termination of teny. They can't accept any more rent. So it might take April, May, and June to get the defendant out.
In the meantime, the defendant is three months behind on the rent. The landlord has missed out on three months and they'll probably never collect it. But I didn't decide the case. That's what the rule is. Meg, do you have any input on this?
Yeah, I do judge. There's a subsequent There's a case subsequent to Park Forest. It's called Aspen Enterprises.
It comes down to this.
It threads the needle on that the catch 22 but it comes down to the understanding and representations to the tenant and essentially the offer of rent and the acceptance of rent by the landlord absent representation otherwise operates as a as a renewal of the month teny. So, so under the facts in this case, I would agree that the the termination notice has been um been waved by the acceptance of rent.
>> Um so the question is what do we do now?
Uh >> I Yes, Mr. Haley. So what Mr. Davidson contends and apparently you acknowledge you're one month behind in the rent which was March's rent. March 6 there was a tornado in Three Rivers which did lots of damage including almost demolishing the Century Bank and Trust >> right >> at 131 in Broadway.
>> Right.
>> And I don't think it's open yet. Now the whole bank isn't demolished just that branch. Um, at any rate, it appears you were behind March's rent. They filed the notice to quit on March 15th. They accepted April's rent and they accepted May's rent. Um, so we can either start over again >> or I can >> or what what's your preference?
Well, like if that that month's behind, so each month that I pay, I add another $100 to that until I catch up with the 5.95, you know, to take >> How much is the rent each month?
>> 5.95.
>> So when you paid April's rent, you added $100 to it. I said like like today will be the first will be our first and instead of 5.95 it'll be $6.95 and each month it will be $6.95 until I pay that 5.95 if they want.
>> Yeah. If they want to go that way if not >> now you mentioned that you thought he was mad at you because you didn't mow the grants and that sort of thing.
>> But I I for for I I I look at Mr. run as like almost like a grandfather. I've been working for him uh ever since he had four or five other uh apartments or places. I've been uh painting uh hardwood floors, carpeting. I still do this. I take care of the building that I'm in right now. I did three apartments in there already and I'm doing the one that I'm living in. I'm fixing it up.
I'm the one that's painting. I'm the one that's uh doing the floors and everything like that. Uh he get to the point where Ron is really nice but he get to the point I am 63 years old. You have to give me respect.
You don't come like he walks into my apartment five six times unannounced. He just comes in and I said well you know this is my house. No this is my house.
He says and I I'll be have I have company or something. You still can you you have to let me know that you're coming coming to my house. You just don't use your key and walk right in. He did it. Correct. He did it the other other day.
>> Um, >> why don't you have a lease?
>> They never gave it to me. I went and filled it out at their home and they never gave me a lease. They said reason why the lease is because it was the first months and the deposit and they waved over the deposit because I did so much I did so much work. So boom, they knocked that out of the way. All right.
I still never got a lease. Uh I'm the only person that they that they deal with that has a direct deposit which I didn't understand that. But he took me Ron himself took me to the bank twice after the tornado before the tornado when it was in February and after the tornado to make sure that the direct deposit goes to his bank. We did that. I had no problem. It started and I was like, "Woo, that's out of my hands.
That's good. I don't have to worry about it. Well, right now, like I said, I like him and I'm not going to stop doing work for him. But if he really wants me to move it, the the money that's that's being direct deposit to him and all that, I have nothing to move with. So, uh, two or three months.
>> There's several issues. There is no lease.
>> You're making a direct deposit from your bank to him.
>> Yes, sir. uh which gets his rent paid.
595 is about the lowest rent you're going to find in St. Joe County that's not subsidized.
>> Yeah.
>> So, it's going to be difficult for you to find somewhere to move to.
>> Um he undid his termination of teny by accepting two months rent after he filed the notice to quit.
uh the representation would be that it would then continue again.
Um so I don't really want to make you pay a filing fee and everything all over again, but uh we can go I could just dismiss it because the landlord has accepted rent after the notice to quit.
Um, or I could continue it and allow you to serve a new notice to quit, but then we got to wait 30 days to set a hearing.
Um, you got to give him one month's notice.
Um, also, you can't simply enter his apartment.
>> Uh, he has dominion over the apartment and it's his house.
And um Mr. Weiner, I'm going to put you in the waiting room while you finish your breakfast and then we'll come back in here in a minute. Um anyway, um Mr. Davidson, what would be your preference here?
>> Well, I've silently listened there. The issue was created by Mr. Haley that it was about rent. There's more going on than just rent. And because of the automatic payment is why we got stuck in being current because he behind. He was spending the money. He wasn't getting the money.
>> Well, you don't even >> And my only point was that um he's also removed the sink, torn up the property, done he's done other it's not just about rent. He's making it that and it's obviously an issue, but the acceptance of the rent happened automatically, which is the reason that, >> you know, he didn't wasn't in a position.
>> Well, you don't you don't even need a reason. If you want to terminate it, you can terminate it, but you can't accept rent.
>> Uh Mr. Haley, he he's not trying to evict you because you didn't pay a month's rent. He doesn't want to have you as a tenant anymore.
Uh, one thing you should do is stop your automatic deposit before it makes June's payment where >> Well, I don't know what to say about it because I'm going to dismiss this.
>> I believe they already they already >> they already accepted June.
>> I believe Yes, sir. I believe it's already done. If if today for the first is going to be on the on the Saturday or Sunday, it's already done today.
We'll pay it into the courtyard.
>> Say that again.
>> Well, we can't do anything with his account. So, >> yes, that's up to him.
>> If another one comes up, >> we'll pay it to the court.
>> We don't want to accept it. It happens automatically and we can't stop it.
>> Um, >> he said he tried to stop. Mr. Ron here said that Mr. Haley had tried to stop it, but I don't know about >> No, I haven't. No, I haven't.
>> If I would have known if I would have known to stop it, if this was going to really go through.
>> All right. Well, he wants you to move.
You I guess my advice is you prepare to find a place.
>> I've been >> Oh, I can't believe they're going to do this while we're held in court. I' I've been I've been looking, but that's going to take me at least two to three months to get first deposit and the rent to wherever. Like you say, $5.95. You're not going to find that anywhere. So, we're looking at maybe 9008 900 $800 plus $9800 for a deposit, too. That's that's, you know, only get >> All right. Well, we got way out of whack here. We've taken a long inordinate amount of time on this case. because it's got some wrinkles to it. Um, >> the uh plaintiff argues his money was automatically transferred from his account to my account and I didn't have the ability to not accept it.
So, I'm going to explain.
>> We see we see landlords return the rent.
>> What's that, M?
>> We see landlords return the rent >> or to other things to mitigate this issue.
>> That's what they're supposed to do. We could pay it into escrow, I suppose. Um, but yes, many many rent now is automatic deduction.
Um all right directed to remmit June or your honor.
>> Yes.
>> He's still behind. So, how about if we just dismiss it and we'll start over. Uh because if you order us to to give up money now while he's already still behind a month and a half, that's not fair to the plaintiff. So, just >> I was going to have you pay it to the court, but yes. All right. Dismiss the case.
Pliff will refile >> and and please direct.
>> I will I would direct you to do that today.
Yes, sir.
>> All right. I I'll do an order dismissing the case >> with with if when I stop the case the the order right now, right?
>> What if that money's already have uh went to his bank already?
>> Well, then you'll have to deal with that with your bank. Now, one of the issues is if you're staying there, let's say you stop payment.
>> Mhm. And well, right now if he's dismissing it, you need to pay June's rent.
>> Yeah. Okay.
>> So, the case is dismissed, you owe April, May June's rent.
>> Once he refiles it, then you don't pay anymore.
>> Yeah.
>> But if June's rent has already been paid, you're good to stay there through the end of June.
>> Okay. I have I have no problem with it.
If they paid it already, I have no problem. I have no problem with Ron or Miss Elaine at all. I have not no qualls with them at all. I I I'm I'm shocked at the way they feel because I like I say, I do I do all the maintenance.
>> He says you've removed your sink and done some other stuff.
>> I I it it was oldfashioned uh steel, everything like that. And I I bought a brand new sink and I installed it and and faucets for that sink in the bathroom cuz it's it's old historical house.
>> And like I said, I did the other three apartments like I did the floors. I took up the carpet, did hardwood floors, painted everything. All that there was never a problem when I told him about that. There was no problem to to take out the sink and all that. I did all that, you know, and I'm I'm still working uh on the place right now putting uh towels down on the floor. I don't I mean if they want me to >> Well, this case is going to be dismissed. You owe April's rent, May's rent, June's rent. You paid April and May.
June may be paid. You're also behind.
Mhm.
>> Uh so you need to catch up on the rent that's not paid, but they're going to dismiss the case and start over again.
So my suggestion is you start to look for a place to move.
>> Yeah, exactly. I I I am I mean >> So you got some lead time. Yeah.
>> But you have to pay June's rent.
>> Once they file another notice to quit, uh then that foregoes your obligation to pay rent. Okay.
>> All right. Uh your >> honor, I just I just want to raise one issue. You did say you didn't stay there till the end of June. Uh right now he's paid halfway through May. So we just disagree with that point.
>> Well, I'm not clear. He said April >> he's behind and they made a payment in June, but it's not for June.
>> Um >> not current on his way.
>> Fair enough. But anyway, he'll be there in June, so he owes the obligation to pay the next month's rent. The June rent will be applied to May if he's a month behind.
>> Okay.
>> All right. Thank you. All right, Mr. Haley.
>> So, should I stop my uh >> Yes.
>> Okay.
>> Well, you're going to be there in June, so you need to pay the >> I like for that to go through already.
Yeah.
>> Then after that, I would stop the automatic payment.
It doesn't for forgive your obligation to pay rent. If you're still there in July, you'll owe that month's rent, too.
>> Yeah. I'm going to look for me. I don't >> All right. You're good to go.
>> I'm too old for to go through that.
>> Yeah. There's a lot of that going around, >> right?
>> Thank you very much.
>> Okay.
>> Uh the next matter, this helps. Monroe Learn versus Lori Tevelin.
>> Oh, that's not file.
>> That's not you. 26887 is dismissed by Mr. Ragnes.
>> Yeah. No, you can go out that door.
>> All right. Thank you. Then the next one, uh 26897LT, Longoria versus Macan and Macan. That is also dismissed. So that helps us stay somewhat current.
Uh Steuart Weiner is here. I'm going to bring him back in. He was eating his breakfast or something and chewing was distracting.
All right, Mr. Weiner has rejoined us.
Let's bring in a phone number here.
Hi, >> good morning. Who am I speaking with?
>> Kara.
>> All right.
All right. Uh, Miss S is here.
Oops.
And Brett and Heather Stecker are here.
Stuart Weiner is here. Chris Corping is here. We've got a couple of Memory Lanes cases right in a row here.
And uh we will tell Miss Sum what her rights are as a tenant. Uh we're going to take the notice and change it. I don't like doing this by telephone only. We're going to take the telephone option out.
People either come in live or they can zoom in. But doing it by telephone has got lots of problems. At any rate, Mr. Mrs. Decker, you already heard this, but let me tell Miss Sum. You're a tenant in a landlord tenant proceeding, and your landlord is asking you to pay the rent or move. In such a case, you have certain legal rights. You have the right to hire a lawyer. Uh we don't have courtappointed lawyers for civil cases.
However, you may be eligible for legal consultation or even representation by legal aid.
And uh yes, I have Richard that is Mr. Polei.
All right. Um, you may see if legal aid would be willing to represent you or could seek other legal advice. You have a right to in St. Joseph County where the property is located.
You have a right to have a jury trial.
If you wish to have a jury trial, you must tell the court at this first appearance.
Be prepared to file a written demand for a jury trial within 5 days of today's date and pay the $50 jury demand fee unless the judge waves the fee for your inability to pay it. Several of these cases are demand for non-payment of rent. You may be able to get some emergency financial rental assistance if you are eligible or otherwise if you qualify for it.
You could request assistance from legal aid, excuse me, from uh Department of Health and Human Services, Community Action Agency, or Neighborhood, Inc., or other potential funding source.
You may be able to reach a resolution with the landlord by going through mediation. If both parties are interested in resolving the case through mediation, the court can help set that up.
If uh you can reach an agreement with the landlord, that means the case would get dismissed voluntarily.
Fix my tie here. We could file what's called a conditional order of dismissal.
and uh Mr. Weiner would assist or the court would assist in preparing that.
This is filed as a demand for non-payment of rent. Your rent is alleged to be $975 per month, which I think is both lot and rent. I'd also note the owner of the park, Richard Polei, is here and the manager, Chris Corping. Good morning, Mr. Weiner. What's the status here? Are we talking about the stackers or sum?
>> No, we're sum.
>> Okay.
Sunny currently owes rent for March, April, and May.
She owes late fees.
Uh, and court costs. The total is $3,33210.
Um, and I want to remind the court that June rent is due on Monday.
>> Yes, >> she's going to have another $975 that will become due.
>> What are the court costs?
>> Court costs are $257.
So, the total is >> $3,33210.
>> All right. I need I didn't get the rent portion.
>> The rent is $2,925.
The late fees are $150 and the court costs are 257.
total of 3,33210.
Um, Miss Sum, what's your position here?
>> Um, I'm currently going through disability and I'm just kind of struggling right now. Um, I did just get approved for state assistance as of uh Thursday, well yesterday. And so I I am trying to take up the rent.
>> Uh, you got approved for rental assistance.
>> Um, I just have screenshots as of right now. They are going through trying to figure out how much they are going to pay and then I just have to pay All right.
>> All right, Elaine, go ahead and have have her have a seat and we'll come to that in a minute. All right. Well, the law requires that I adjourn this matter at least seven days and uh that takes us to next Friday. And as Mr. uh Weiner pointed out, June's rent is just around the corner. So by the time I see you next uh it will be June. It will be Friday, June 5th and uh I will see you at 140 on June 5th.
>> Okay.
>> We'll see what's going to happen with your financial assistance.
Uh but you might as well just assume we're going to add another late fee and another uh rent fee to that figure.
>> Yeah, I've already kind of figured that up. I went up and talked to Chris a few days ago about it and we did get like a number set up so that way I had kind of an idea on what I will need.
>> Very good. I always tell everybody to stay in contact with your manager.
You're already doing that. uh if you do get some emergency financial assistance that would help. Now, here's the worst case scenario.
Uh I tell you you owe $332 plus or $3,33210 plus an additional $1,025 >> for about a total of $4,500 within 10 days.
>> And if you don't pay that within 10 days, they can evict you from there.
sheriff will put all your stuff out in the street. Uh, that's not good. So, you're working on emergency financial assistance. You're in contact with your manager.
>> U, I can't advise any more than that.
We'll revisit this next Friday at 140.
>> Okay.
>> Okay. Do you have any questions?
>> Um, no. I think from here it's just pretty much getting my stuff together, make sure I can pay what I need.
Otherwise, uh, leave peaceful.
>> Come back next Friday. I want you to either, uh, zoom in or be here live. I don't like to do it only by telephone because I can't even really tell who I'm talking to. So, if you can't get the Zoom to work, >> you can just come here to the court.
>> Okay. Yeah. Sorry about that. My son had a field trip, so I was here and I just didn't have good service, so I figured call him.
>> All right. Well, we got through what we needed. So, I'll see you next Friday at 1:40.
>> All right. Thank you.
>> Thank you.
>> All right. Let's uh jump ahead here to the stackers and then we'll come back uh to some of the other cases that we've got.
He's got a lot of cases this morning.
>> He's got a lot of cases. That's landlord.
>> Miss Pat will be with you in just a moment.
>> Oh, >> this is turn to this one set for 937.
That's 938. We were here last week in this matter. It's file 26888LT.
Uh memory lanes versus Brett Stacker. Uh they are all present.
We determined that rent was 189920.
Rent was 1590.
Uh court costs were 309.
So we ended up with 189920 through May. Defendant's position is they were going to try to get caught up on the rent. U Mr. Weiner, what's the position here?
Um, your honor, the stuckers have done an outstanding job. They only owe at this point May rent of,50 and the court costs, filing fee, and attorney fees totals 309 of it. So, the total is $1,35920.
All right, Mr. and Mrs. Stecker, what's your position?
>> Um, we are working everything that we have into here, your honor. where we every time we um get any kind of extra money, we've been dropping it off here.
Um we've been up to talk to her so she knows what the very beginning of next um and how much extra we'll be giving her rent for the beginning of next week.
So we've been trying to work with her.
>> Now rent is gonna acrue for June in just a few days. Yes.
>> So, we're going to add uh,50 for June to the total.
>> Yes, sir.
>> Um, I find that you have 10 days from today to pay $1,50 in rent and 30920 in court costs or be subject to being evicted. 10 days from today is June the 8th.
Now, that does not include June's rent because we aren't at June yet. I used to include it, but the circuit court told me I shouldn't do that, so I don't do that anymore. Um, >> yes, sir.
>> About half of the judges were doing it that way and the other half weren't. At any rate, they can agree to work with you for up to 56 days before they ask for the rid of eviction to get caught up on the rent. They've done that for many years. I say when they have a good tenant, it's easier to keep a good tenant in there than move one out and move another one in. You've already shown some good faith by making some efforts to get caught up on your rent.
So, let me repeat. I'm going to do an order that says you owe $1,50 in rent through May, $39.20 in cost for a total of 1,35920.
Mr. Weer, I would ask if you would email me an order.
>> We'll do.
>> No, I have I do have one in here.
>> I thought I could.
>> You did. You did. I think we've gotten over that hurdle. So, I do have an order. I find that through May rent is 1,50 court costs are 30920.
for a total of 135920.
10 days from today is June the 8th.
Partial payment will not prevent a bit of eviction and may be liable for additional rent including June which will acrue and no money judgement is entered at this time. You'll also have until June 8th to appeal this.
Now you've done the two things I would have recommended. Continue to make payments, stay in contact with your manager.
Uh do you have any questions?
>> Um I don't believe so. We owe court to part.
>> Yes. You pay you pay it all to the plaintiff.
>> Your honor, if I may, I do have one question.
>> Yes, >> your honor.
>> Why are we not entering a money judge this time? We are confident they will pay, but just so I know for the future.
Well, let's discuss that.
>> But you have a lawyer. Do you want to represent yourself?
>> Sure. I have a question. Mr. Winer is okay with it.
>> Yeah. All right. Okay.
>> You can answer it or I >> Well, normally what we do, for example, June's rent has not acred yet. If I do a money judgment, it would only go through May and then they would be into June and then you'd have an additional late fee in June's rent plus any other damage.
So, uh, we don't normally you can if you request it, I'll grant it, but then if they trashed the trailer or there other issues, then you can't come back for a second bite at the apple. So routinely we wait to issue the money judgment until such time as damages have been established. We know what the damages are right now. We know what the rent is.
We know what the late fees. We know what the court costs. You haven't taken possession of the trailer. What if it's the carpets are ruined or the sink is torn off or there's other damage. Also, we haven't included June's rent. So that's the way Judge McManis did it for 50 years because he didn't want to have two hearings every time. So I'll give you a money judgement, but it won't include any potential damage and it won't include June's rent.
>> I would like a money judgment, your honor, if we could please.
>> Mr. Weiner, what's your position?
>> That's what Richard would like. Um, I'm I'm fine with that.
>> All right.
>> Answer. I don't know what that means.
>> It means that in addition to paying the rent, let's say you decide to move out, um, he would already have a money judgment against you for this amount of rent and court costs. So, I wouldn't have to file separate action to come back.
>> Okay.
>> Pay the rent. It's fine. If you move, he already has a money judgment of rent through May. So I will use the def pliff's request 1050 309 20 135920.
If you pay the rent, you don't need to worry about it.
>> Okay?
>> If you don't, >> they've got a money judgment.
>> Okay?
>> Uh that they can try to collect on it.
saves him a step. The tradeoff is he can't ask for any additional damages if there is some, but it does bring the case to close. It sounds like you and the manager are on the same wavelength.
You're working on getting your rent caught up. I continue encourage you to continue to do that.
>> Yes, sir.
>> Thank you very much, your honor.
>> Thank you.
>> All right. Now, we got six more people in the rating room. Let's bring them in some more telephones.
I don't like the way this is.
All right, we got a cast of thousands here with us now. Um, our next case is set for 935.
We have a couple of more uh cases from memory of a home park.
Sarah Regio is here and her case was set for 9:32.
Uh this is also a non-payment of rent case.
We were here last week. Rent was uh through May $230 late fees.
Uh court costs we came up with 252710.
Mr. Mr. Weiner, what's the status here?
>> Uh, you're accurate with your numbers, your honor. We did not receive a payment uh since the last hearing date. So, Miss Rigio,27 and she of course is going to owe, you know, an additional $560 between first This is only a lot.
>> By the way, your honor, there is a terrible echo coming and I I don't think it's coming from me. So, I just want you to be aware.
>> No, this courtroom has an echo because of its size and people say it's quite disconcerting.
Um, we've turned down the television. We've done some other things. We had the sound text in here to try to deal with it. Uh but we haven't fixed it. So my apologies. It's not your your connection is very good.
>> So much. Uh Miss Regio, what's your position here?
>> I will be able to pay um 1300 on Monday.
I don't I won't be able to get it until Monday and get it up there. And then I am still working on getting um the remaining amount including June.
>> All right. What's your plan to pay the rent through June?
>> Um beg, plead, and borrow.
>> Well, this is a strange circumstance.
They're evicting your trailer off the lot.
This is not a just cause termination.
That's a demand for non-payment of lot rent. So they aren't evicting you from the trailer. They're evicting the trailer from the lot. And many Michigan judges say you can't do that. I allow it because it gives the tenant an opportunity to try to redeem the property. Mr. Weiner, you may be aware, Mr. Polei, you maybe are as well.
There's a package of bills in the legislature right now, Mr. Weer to try to address this and a number of other mobile home problems. Um, as you know, um, I lost Richard. I don't see him anymore.
>> Yeah, I I I think I'm not sure. Chris, did he Was he only here for one hearing?
>> I don't know for sure. He may have gotten a call. I'm not sure.
>> Okay.
>> At any rate, they're working on it. It seems to have bipartisan support and the judges all over the state have been struggling with some of these issues. Um I'm interested to see how it goes. Um >> I've been following it as well, your honor. It does seem to be uh something that the legislature wants to do.
Well, it need either needed to get fixed by some judicial hearing rulings or by legislation and the better would be to do it by legislation.
Uh I'm looking for a court order in here and I don't think I have one in this file.
>> No, I think this is the last.
>> We filed this a while ago.
>> Yes.
>> So, I wasn't including blank judgement.
All right, Miss Regio, same thing.
>> Yes.
>> Uh, your manager and your owner have discretion to give you up to 56 days from today to ask for the rid of eviction. U, you've got to plan to try to get caught up on the rent. It is a very large, difficult pain in the neck to remove a trailer from a lot. It's expensive.
There isn't anywhere to put it.
um you can move it. And the other method of a just cause termination in a mobile home park, they can give you 90 days to move or sell the mobile home or 10 days to vacate.
This one, they're just evicting your trailer off the lot. And uh so it's in everybody's interest if you guys can work something out.
Yes.
But what I'm going to do is I'm going to sign an order that Mr. Weiner is going to send me that says you owe $2,70 plus late fees plus court costs uh for a total of $252710.
Correct.
That does not include June. That's only through May.
>> Right. Right.
>> All right. Stay in contact with Miss Corping. She's been at this for a long time. And uh let her know what your intentions are. Do you have any questions?
>> All right. Thank you.
>> Nope. That's it.
>> All right. Thank you.
>> Thank you. Thank you.
>> All right. Now, let's see who else we've got here. We are behind schedule. We got behind with Mr. uh Haley. We've got Samsung here. Phone. Uh who am I speaking with?
>> Yeah, we had one more tenant, Ron, but they're not identified.
It is Michelle Dayton.
>> Yes. Are you Michelle Dayton Samsung phone?
>> Ma'am, you've logged in without a name using identification Samsung telephone.
Whom I Who am I speaking with? What's your name?
>> Oh, my name is Luther Baldwin. I don't know if you're talking to me or >> Sorry, I should have put my name on there. I thought I put my name on there.
>> Oh, I'll give is Victor Baldwin.
>> Yes, Luther Baldwin. I'm so sorry about that, your honor.
>> Not the person I'm asking.
>> Uh the lady I called the uh port and they told me to uh call, so I just called and waited.
>> We are for a minute. Uh there's someone who is here blankly staring off. Ma'am, you're here on a court case. What's your name?
I >> think she has a mute.
>> I don't know what she has. Can you hear?
I'm going to remove her. See if she comes back.
>> Are you talking to Luther? You talking to me?
>> No. Mr. Baldwin, you're fine. I know who you are. You're identified. I hear you.
I see you. This lady is not responding to anything.
I'm not sure if she can hear me or see me. Ma'am, can you hear me?
I can't tell.
I kicked her out. Let's see what she comes back.
All right, that might be uh Michelle Date.
That was set for 9:35. That if it is her, she's quite late. Uh we have the uh uh Mr. Havens and Miss Patnod.
Uh we have Casia Washington.
We have Luther Baldwin.
>> Do have a lady name who is identified as Larry, but she has a mute on so I don't know who she is.
>> She's famous. She goes by Larry sometimes. Oh, good for her.
>> But her name is Terry Richmond and she's logged in under her husband's name. So, we'll >> figure.
>> All right, this lady's back. All right, Samsung phone. Could you unmute your phone, please?
At least she's responding.
To further complicate things, in about two minutes, we're going to have five general civil cases.
>> Oh, boy.
>> All right, ma'am. What's your name?
What's your name?
I would put Boulder in a stream for your name, but uh >> can you hear me, ma'am?
>> She did try to speak judgment. Hear her.
>> Yes, I haven't heard her say anything.
Uh, Miss Washington and Mr. Banks, would you turn your cameras on? Ma'am, can you hear me?
>> Your honor, I do believe that is Mrs. Dayton.
>> All right.
>> Looking at her, I just went through it and I looked at her and I believe that is her.
>> Are you Michelle Dayton?
>> No.
Good morning. Are you Michelle Dayton?
What are you doing?
>> Ma'am, can you hear me? Are you Michelle Dayton?
>> Oh, boy. I'm gonna put her last. Uh, Miss Washington, Mr. Banks, uh, Mr. Havens, Miss Patnod, you're all here for landlord tenant cases.
As such, you have a right to hire a lawyer.
If you cannot afford an attorney, you could see if legal aid would be willing to represent you or if you're eligible for their services.
Uh we don't have courtappointed attorneys in civil cases, >> but you may be eligible for assistance from legal aid or other possible source.
You have a right to have your case heard here in St. Joseph County where the property is located.
Uh you have a right to demand a jury trial.
If you wish to have a jury trial, you must tell the court at this first court appearance or and be prepared to pay the $50 jury demand fee unless the judge waves the fee for inability to pay it.
If your landlord has asked you to be evicted from a residential property for non-payment of rent, you may be eligible for some emergency financial assistance.
That would be from the Michigan Department of Health and Human Services, the Community Action Agency, Neighborhood, Inc., or other financial source.
Perhaps if you're a veteran, you may be eligible for some veterans assistance as well. If both parties are interested, the court can refer the matter to mediation for an attempted mediated settlement.
Uh but both parties have to be interested and so far that's never happened. If um you are able to work on agreement with the landlord, that means the case would be resolved. You could file what's called a conditional order of dismissal.
Mr. John Bradshaw is with us and his firm actually invented the conditional order of dismissal. Uh it's now used statewide.
Uh Miss Dayton, can you hear me?
Mr. Weiner, I'm just going to leave her behind here for a minute. Everybody else is waiting while we're struggling with her.
>> Your honor. Your >> Yes. I just sent Matthew down there to knock at her door to see if she would answer.
>> All right. Thank you.
>> You're welcome.
>> All right. Uh the esteemed Mr. John Bradshaw is here. Uh Mr. David Havens and uh Mary Patnau are here in the conference room at the courthouse. Uh I've advised them of their rights. This is a demand for non-payment of rent. Uh Mr. Bradshaw, what's the status here, >> your honor? Um, so the turn amount due for the month of May 2525, 22257 in court costs for a total of 207.57.
Mr. Havens, Miss Padnod, what's your position?
>> Hi. Uh, good morning.
>> Um, our position as of right now, it's just uh it's hardship, sir. Uh, we we moved in first week of March and we've had some uh terrible luck. As soon as we moved in, we had some tornado and some car damage. These are all excuses, your honor, uh for what referred to us. And we had three deaths in the family that set us behind uh the eight ball for right now. And unfortunately, we were before you back around Christmas time was living at a place for six years.
Just just a moment. Uh Elaine, the sound in this room is terrible. Uh why don't you both come right into the courtroom?
>> Okay, sir. We'll do it. They want us to come to the court.
>> So your honor, if I may, >> let's wait till they won't be able to hear you. No, I meant I So, regarding file number 26728LT, Carolyn O'R and Bernard Ourn. Um, >> yes.
>> Did you get the additional dismissal that was sent to me this morning from them?
>> I believe I did. Let me look.
>> No, I have Betty Bell, but I don't have the conditional dismissal in that. Have a seat right there if you would.
>> On the right or the left?
>> Right there. On the left.
So there is a conditional dismissal coming in that one.
>> Well, um, yes, but we can chat about it.
>> Never been up here before, your honor.
>> No, this is something else. This is historic.
>> I'll give you a little history in a minute.
>> Wow. You even got windows here, huh?
Very nice.
Yeah, I finally hit the big time. I got windows >> after 40 years.
>> After 47 years, I got windows. This is the historic courtroom here in St. Joseph County. This courthouse was built in 1899.
>> Wow.
>> For many years, 75 or 80 years, this was the operating circuit courtroom. When they built the courts building next door, they let this building go into disrepair.
Uh in 1995,996 and 97, they restored this building and did a very nice job restoring all the woodwork and restoring this building to its original condition. Yeah, >> it's been a county commissioner's room uh for the last 25 years or so, but with the construction going on next door, they've turned this once again into a courtroom. So, I have the privilege of using it almost every day.
>> I like it. You look good back there, too.
>> So, Mr. Havens and Miss Patnod have been struggling financially. He's had some other issues here. On March 6th, a tornado hit Three Rivers and directly hit this apartment complex.
>> Yeah. It's still in a lot of disarray.
>> Uh, a lot of roofs were removed, a lot of vehicles were damaged, and uh, the building is still being repaired.
>> Yes, sir.
>> Um, so Mr. Patnod or Mr. Havens and Miss Patnod, is your desire to stay there? We would like to.
Um, as you know, right around the holidays there in uh 2025, uh, we had to move a conditional order dismissal with a village manor and we were right here in Centerville for about 30 days at the uh, shelter and we needed something drastically. I we totally underestimated the St. Joseph County housing market.
So, we jumped in over there at um River Trails and things has been good, but then the tornado, the deductible with the car, she just lost her brother. I lost my brother. Uh and we that required travel and it put us behind in in rent and and that's why we're here. I've been talking >> these are nice apartments. They're not subsidized. These are market rent market rate and rent is a,165 a month.
>> Yes.
>> And so that's hard to maintain that >> uh but uh you may be eligible because of all these things for some emergency financial assistance. Have you asked for any emergency help? I contacted uh um >> Carol um Carol McNary at Neighborhood Inc. and I also spoke with DHS >> and it I'm just in a rough spot. Um combined together we we bring home $1,900 a month in the $1,200 rent and by paper it's very doable on paper.
>> I I thought you can't afford to live here.
>> Uh you need some subsidized housing. I'm on waiting list, John.
>> But, uh, maybe you can get some emergency help. Uh, Mr. Bradshaw, um, the regular course of business, we would adjourn this till next Friday. Do you wish to go farther than that?
Um, I I think keep it just to keep it going. Not necess not that we would need a trial next Friday, but if I can have the defendant call directly and I'll get you my phone number, maybe we can come up with something.
You should know that any agreement that we come up with like a conditional dismissal will have to include June rent as well. But if you have a p if you have a pen there, I can give you my direct number.
If not, then call the number on the summon.
>> Yeah. Come right up here and get one.
All right. Well, just a moment.
>> We're going to continue this to June 5th at 1:45.
>> Yeah. And then, your honor, if we need more time after that, let's try to get some homework done between now and next week.
>> Yes. All right. Uh, go ahead and give your number.
>> 269.
>> 269.
>> 569.
7590.
>> No, 7590.
>> Right. One more time. 269 5697590.
>> Thank you, sir.
>> All right. Now, I encourage you to continue to work with Neighborhood, Inc.
and DHS. And then you did a previous condition order dismissal, I think, with these same lawyers. So you call him and discuss this. We're going to continue this to next Friday afternoon, June 5th at 1:45. And Mr. Branchshaw indicated next month will be another month's rent. The cold hard truth is you can't afford to live here. Uh your income isn't enough to support a $1,165 a month rent.
So hopefully maybe you can get some emergency help. Actually, I'm waiting for a call back from them and there's some other organizations he kind of pointed out.
>> Well, we'll revisit this next Friday.
You're welcome to come right here to the courthouse.
We'll be here >> in this nice room.
>> Now, in the old days, they didn't have any air conditioning in here.
>> Wow.
>> So, they didn't hold court in the summertime because it was too hot.
>> I could imagine.
>> Our air conditioner broke the other day and it was hot in here, but we managed to get through everything. All right, you're good to go. Thank you, your honor. I appreciate it.
>> Miss Richmond, >> and give me a call, folks. Give me a call.
>> Absolutely. Thank you, sir.
>> All right, John. Is that your only case this morning?
>> Well, if I might, uh, file number 26728LT.
I did receive a signed conditional dismissal this morning from Carolyn or Bernie, I think. Um, it's not signed by by Mr. But I don't know if that was a technological problem they had. I'm going to submit this conditional dismissal and and reserve any rights I might have as Bernard if there's a default. I don't think there'll be a default.
>> All right. Thank you.
>> Thank you, your honor. Have a good weekend. Good luck with the rest of your >> All right. Thank you. We're still struggling. All right. Michelle Dayton, is that you?
>> All right. Would you unmute your phone?
>> Yes. Good morning. All right.
Hallelujah.
>> We finally got you connected. You've been uh jamming up the works all morning. Let me give you a name.
>> All right. You heard me go through the advice of rights a couple of times. This is my phone has I haven't heard nobody.
>> All right. Can you hear me now?
>> I can.
>> All right. Uh Mr. Steuart Weiner is here on behalf of the plaintiff and your manager Chris Corping is here and uh Meg Bower from Legal Aid.
Okay.
>> This is filed as a demand for non-payment of rent. Your rent is $875 per month. It was last paid, they say, in February. Mr. Weiner, what's the current rearage?
>> So, uh, Miss Dayton owes rent for March, April, and May for a total of $2,65.
He owes late fees for the three months.
That total is 150. And then she owes court costs totaling $22710.
The total is $3,3210.
And like the others, first she's going to owe another $875.
Miss Dayton, what's your position? Do you wish to try to stay here?
>> Um, well, I I lost my job in March and I've been at f and I filed for disability and I've gotten hold of um Department of Family and Children Services to help with the back rent.
Um, I just had a complete nervous breakdown.
I don't I didn't mean to miss any of it. There's just been a lot going on.
>> Who else does anyone else live there besides you?
>> No, sir.
>> All right. Now, the law requires that we adjourn this matter for 7 days, at least 7 days.
So, I'm going to set this for next Friday afternoon.
I'm already filling that calendar up.
Um, I'm going to set it for 155.
That would be June 5th.
As Mr. Weiner indicated, this amount 3,3210 would go up by 875 plus a late fee.
It'll go up by 925.
So 303210 plus 925 is 3,95710.
So it's going to be about $4,000.
If the DHS will give you some emergency financial assistance, that would be wonderful. that would pay your rent through June. Um, if they don't, you're subject to being evicted 10 days after our hearing on June 5th, which means you either have to pay the rent or move out by June 15th or the sheriff would come put your stuff out in the street. That's not a good out.
>> So, you stay in contact with your manager, Miss Corping, and DHS.
The problem with disability is it often takes a long time for it to go through the whole process.
>> Yes.
>> All right. We did finally figure out how for you to get logged in and hear me and see me. Hopefully next week we won't have as much trouble as we had this morning. Um, you also were late. So, I want you to be here by 1:55.
probably be here by 1:45 next Friday afternoon and we'll address this further.
>> Okay.
>> Yes, sir.
>> All right. Thank you. Have any questions?
>> No, sir.
>> All right. Thank you. You're good to go, Mr. Nate.
>> Thank you, your honor.
>> Thank you, your honor. Thank you.
>> Uh, good morning, sir. We've got several general civil cases. We're backed up on our landlord tenant cases. Nobody is here. Miss Pon isn't here and she's on a couple of them. So, just bear with me.
Let me finish our landlord tenants.
>> While you're doing that, I do have one with Mr. James Banks. I see he's on. If you can put us in a quick breakout room, I'll see if I can talk to him for a second.
>> All right, Mr. Banks. Uh, I'm going to put you in a what's called a breakout room with Mr. Nate and you can speak with him privately. Mr. Nate, I'm warning you, this room had very poor sound quality. I think maybe we're doing better.
>> No worries.
>> Uh uh Mr. Bank, that's why you're in the conference room, so I can have you speak privately with the attorney in what's called a breakout room. So when the button comes up to say join, you click on that and you can speak privately with the esteemed Mr. Preston Nate and discuss the circumstances of your case and then we'll come back and address it in the courtroom. Thank you. That's a good use of this time.
>> Okay.
>> All right, Miss Washington and uh Mr. Paul.
Let's see what we got here.
Quaca was actually set for 9:45. Quesa, can you hear me?
>> Yes.
>> Uh, this is file 26978LT.
We've got several cases by Terry and Larry Richmond. This is a non-payment of rent case.
Miss Washington, did you hear me go through the rights for a tenant a landlord tenant case?
>> Yes. Yes.
>> Miss Richmond, I should let you know in a air of transparency and disclosure.
Miss Washington is my cousin.
Uh she's about my second cousin once removed or something. Her grandfather was my first cousin >> and I watched those little girls grow up. he's passed away. In fact, her mother, bless her, has also passed away.
Um, but uh, Miss Washington, do you have any issue with me handling this case?
>> No.
>> No.
>> Uh, Miss Richmond, do you?
>> No, I don't.
>> No, I don't.
>> All right. What's the circumstance here, Miss Richmond?
>> Um, she is behind in rent.
three 3,51390 court cost of 17410 with a total through May $3,688.
She went to Neighborhood Inc. But I have been working with them for six months on another case and I haven't gotten a dime. I'm not going to work with them at all.
The problem is I don't know that you have the discretion to not work with them anymore. You used to >> uh maybe there's an argument that um >> you're compelled to, but if you're screwing around and you're not getting any money, it just makes it worse. Miss Washington, do you have a plan to try to get caught up on this? Um, well, currently I'm working two jobs now, but I mean with everything that I'm behind, plus still being keeping trying to keep current.
>> I can't see your face.
>> Where are you working?
>> Uh, I work at uh Buffalo.
judge. It's because you can hear through the walls in those rooms.
>> Oh, yes it is.
>> Well, they should be in a breakout. I shouldn't even be able to hear them.
>> They're in the other room.
>> But you can hear >> Yeah. So Case is in one room and he's in or who's in the conference room?
>> James Banks.
>> James Banks.
I know, but also Mr. Baldwin is in there.
>> It's the label, but there's nobody in there.
>> Oh, I see. Let me put I got it. I got it. Mr. Baldwin, you're fine.
>> All right, I put the waiting. Yeah, thanks, mate. That was annoying.
>> All right. Uh, so >> do I have to work with Neighborhood Inc.? Um, Meg, what's your take on that?
>> Well, at the end of this, I was going to say, Mrs. Richmond, perhaps direct your tenant to contact us. Um, and I might be able to make shake something loose. I don't know what's going on. I have had issues over there before, but as far as the law goes based on the size of the operation, it is we haven't seen these these new laws litigated. But I do think I'm in a position to advocate for tenants. We would argue yes that the landlord has to to allow the tenant the opportunity to apply. And um >> but you have to allow the you don't have to continue the matter indefinitely or wave the time limits.
>> That's right. The law requires um a maximum of I think it's 25 days under the summary proceedings act. Uh >> yes.
>> So I don't think the other laws supersede that timeline.
um for the landlord to decline to participate I think would be a problem.
But if the agency hasn't supplied the funding within the timeline for the judgment then that's that's not the landlord's burden to bear. That's on the agency to uh either you get its act together or lose money.
>> The rule originally and you did a lot of this and it was cumbersome. There was all kinds of emergency COVID money flowing and orig ultimately people got paid and they could elect to participate or not. Many of the landlords elected to participate and got a lot of back rent paid. Uh then the bureaucracy got in the way and people were waiting months and months and the landlords decided we don't want to do this. Either pay the rent or don't. We're not going to wait for emergency financial assistance. Um then they changed the law and said you have to participate.
You can't decline a funding source.
Um there is some issue with regarding the size of the operation but and as she said I haven't seen any case on appeal on these but nonetheless uh we're going to adjourn this.
Well, I talked to Quesa the other day and we were going to try to work it out and I would like to help her. You know, she's a single mom with children. I would like to, but I have been waiting since December for Neighborhood Inc. on another case.
>> And let's see how we >> Well, what big said, have uh that client call legal aid. Maybe they can light a fire under somebody. Uh but they had some transition in personnel. Uh Miss McNary's there. She's very capable.
>> Um >> well, I don't know about that.
>> Well, it's a bureaucracy.
Uh certainly. All right. I'm going to continue this to June 5th.
>> Matt, what do you think?
>> I I can't chime in here. Each case is individual, but I do know that I've had a good response from the CEO. Um, I've worked with her on a couple of cases and she's been very responsive to me. That that's kind of all I can say without a fact specific analysis.
>> Right. But we tried to contact her to see what was going on and we never got a call back.
>> Well, the time limits have certainly passed in that case. Um, I don't know if there was a conditional order or what, but if they haven't paid since December, you certainly could pursue the termination of tenency and eviction.
Miss Washington, we're going to adjourn this to next Friday, June 5th at 2:00. By that time, you're also going to owe June's rent, and uh that would be another $740.
The Richmond's are always trying to work with good tenants and try to keep them there. You are working.
Um, and you may be able to get some help. If you can't, you may have to move. $740 is about the lowest unsubsidized rent you're going to find in Sturgis.
So, stay in contact with your landlord.
Stay in contact with Neighborhood Inc.
or DHS and we'll visit this matter again next Friday at 2 o'clock.
>> All right. Do you have any questions?
>> No.
>> All right. Thank you.
>> I'll be in touch. Case, thank you.
>> Okay.
>> That would mean her kids are like my first cousin, three times removed. I'm not sure how all that is, but uh let's talk to Mr. Luther Baldwin. He's been very patient and uh his case was set for 950. We're about 40 minutes behind. That does happen. Um Miss Richmond, what's the status here?
>> Okay. in rent he owes 1,280 through May 15493 in court cost with a total of 1,434 and he's been working he's made some payments so he's >> all right Mr. Baldwin, sounds like you're working on this. Where are you working?
>> Uh, I work I work in RV industry. I make boats for that little boat Indiana.
>> In the RV industry hours a little bit.
>> Who's your company?
>> It's called Barleta Boats.
>> We make boats. Um, pontoons.
>> All right, we're going to adjourn this to next Friday at 210.
>> Yes, sir. I actually dropped $900 today. I'm trying to catch I'm going to catch that.
>> Yeah, you're not too out of shape.
>> All right. You keep making payments. Any payment you make uh will be assigned to the rear. Are they on rate at Barleta or are you making a hourly wage?
>> You say what? Yor on rate at Barleta.
>> Um I mean you get paid weekly. It's not a really a it's not really a rate or anything like that. We're kind of like not really RB but we are in the industry if that makes sense. Like we're on like weekly.
>> Well some of them when they're paying they'll pay a lot of money each week.
>> All right.
Don't get me wrong, but I had to get I got so my phone out, so a lot of stuff happened. Um, but I'll catch back up.
>> Yep.
>> All right, that sounds like it. I'll see you next Friday at 2:10. You're good to go.
>> All right, next is Terry and Larry Richmond versus Patrice Craig.
And she's not here.
This is >> She's almost caught up.
>> Let me see what we got here.
>> I believe she was personally served. Let me look.
>> I think so.
>> Yes. Uh what's the status here, Mr. Richmond?
>> She owes 21150 in rent.
15476 in costs with a total of 36626 through the fourth June 4th.
She pays weekly.
Well, you sent me a judgment like you always do. You're very good at your numbers. Uh you've got right to the penny and easily related. I appreciate it each with time we meet. I find by default that through June 4th Fenid's 21150 in rent 15676 in court cost for a total of 36626 >> that's due within 10 days from today which would be June the 8th money judgement is entered at this time.
The appeal date is also June 8th.
All right. We've continued a couple cases to next week.
Do we have a damage hearing a little later this morning?
>> Yes, we do at 11. So, I'll be back in half hour.
>> All right. I'll see you then. Thank you.
>> Okay. Thank you, your honor. Your honor.
>> All right. That brings us to 10 o'clock which would bring us to our civil cases and Mr. Preston Nate is here on several LVNV funding matters. Mr. Nate, would you rejoin us?
>> Yes.
>> Thank you for your patience. We're 32 minutes behind all things considered. It could have been worse.
Oh yeah. No, that's fine.
This is a claim. It isn't exorbitant.
It's $98942 plus cost, interest, and attorney fees.
Parties were put in a breakout room.
This is set for a motion for summary disposition and a pre-trial. Mr. Nate, what's the status here?
>> Well, I'm happy to say we just looked at a payment plan in the breakout room. Um, we're going to go ahead and do a consent judgement on the full balance at $25 a month starting June 30th, 2026.
Um, Mr. Banks did want to take a look at that consent judgement. So, I was going to email my copy. So, we can review that and sign it. Um, but hopefully this is a map.
>> I've got one here. I think I can doctor up.
>> That would be fine.
>> The damages, Mr. banks are $9.8942.
The court cost, which is the filing fee and the service fee and the motion fee is $118.
They've waved the attorney fee. So the total is 17242.
I show this as a consent judgment.
The FA shall make payments of $25 each month starting June 30th.
Is that acceptable to you, Mr. Banks?
>> Yes. Yes.
>> And you agree to those terms and conditions?
>> Yes.
>> Very good. Uh, Mr. Nate, the order you sent me uh adapted very well to this agreement. I just changed it from summary disposition to consent and it's got the stuff in it. So, we can just use that.
>> That'll work.
>> Uh Mr. Banks, this is a pretty low payment. This would pay about $300 a year. So, it would actually take about four years to pay this off. If you can pay more, if you get a tax refund or you sell a car or you inherit some money or you win the lottery or something, you can just pay it all.
But as long as you pay $25 per month, at the end of each month, they won't pursue any other collection and uh no garnishment of wages or bank accounts or that sort of thing. Do you understand?
>> Yes, sir. Yes, sir.
>> All right. I'd like you to go out to the counter and the clerk will give you a copy of that consent order and I will note that you did consent on the record to those terms and conditions.
Very good. If you go out to the counter, they'll give you a copy of that and you go on about your business. Thank you for being here. Thank you for your patience.
Laura, would you come get a copy of that for Elaine or for Michelle so they can give uh Mr. Banks uh his consent order?
All right, Mr. Nate, it doesn't look like anybody else is here. Uh, I'll call these in order. The next one is LBND funding versus Rebecca Smith.
Uh, this is a claim for 1,123 82.
Jennifer Pon had filed an appearance in this matter. She is not here. What's the status on this one? Uh, so this case resolved. Uh, we did get a signed consent judgment back. Um, I thought we had mailed it to the court, but it might not have gotten to you. So, I'll make sure that gets refiled. You have a copy.
>> Um, there's no terms. It's just we'll put a 90-day stay on collection efforts while they continue to try to work out a payment plan.
>> No, we take these All right. I will note there's a content judgment on the way.
That's why nobody's here but me and you.
Let's see here. I got people in the waiting room.
No, I don't.
Then we have uh City Bank versus Aruro Luno Luna. This is another Jennifer Pon matter where she's filed a appearance for the defendant which usually means they're working with a debt consolidation company. This is a claim for 6,974 plus cost, interest, and attorney fees.
What's the status on this one?
>> Um, so unfortunately we did not get this worked out yet. Um, a lot of times we get something back from Jenny on on getting these resolved, but nothing on this one yet. So, they're still trying to figure out a payment plan. Um, um, I probably want to just move forward with the motion today and then they can continue to work on that.
All right.
It is a motion for summary disposition where it's alleged that there is no material issue of fact and the defendant has not stated a defense. Miss Payeyon did file a generic answer on behalf of the defendant denying the allegations which gets past the default but does not get past a summary disposition motion.
I'm going to grant summary disposition.
I have an order here which I do appreciate. It makes our life so much easier when you give me the order. uh 6,9742 17293 in cost for a total summary disposition judgment favor of the plaintiff in the amount of 7,14735.
All right, that takes care of all of our business. took longer than we had hoped, but uh what we did took about 8 minutes. The rest of it was just waiting time. But all right, I got more fish to fry here.
So, thanks. I'll see you next.
>> You're welcome. Have a great day, your honor. Thanks.
>> All right, that finishes our general civil cases. Our next matter is set for 10 to 40.
I don't see anybody else here. Let's see who's here. Mr. Lockas is here.
Uh Meg, this is a holdover case from last week. The defendant's mother wants him to move.
and is asking to terminate his tenency.
>> Yes, we do see these family cases a couple times a month.
>> Yes, I'm sure you see dozens of them in Kalazoo.
Uh, >> hundreds.
>> Sorry. Guess I'm still losing my voice here. I was trying to say yeah, but coming out.
>> You can see from his surroundings why Mr. Lockas mother wants to remove him.
Good morning, Mr. Lis.
>> Good morning.
All right. I'm waiting for your mother to join us.
You indicated that you plan to move.
Have you made any progress in that?
>> Yes, I have been moving probably up to Berry County.
>> Have you found a place to move to?
>> Yes.
>> Where's that? Uh, it's up near Orangeville in Barry County by Hastings.
>> Out near where?
>> Hastings.
>> Kingston.
>> Hastings.
>> Oh, Hastings.
>> You have any connection up in Barry County?
>> Oh, yeah. My oldest daughter's mother lives up there. Oh, >> good.
Well, we'll wait a minute for Mildred to show up.
Don't go away. I'm going to take these two civil files outside and give them to the clerk and I'll be right back. So, you stay right where you are while we wait for mother to join us.
Well, >> she has not joined us.
Hi, I'm looking for Mildred Hinton. Has she checked in?
>> All right. Thank you. Bye.
All right. Well, she isn't here. I'm going to put you in the waiting room for just a minute. I guess I would encourage you to continue to try to relocate.
Uh but she isn't here.
>> Definitely relocating.
>> All right. Uh so don't go away. I'm going to leave you here for just a bit.
All right. I got rid of a bunch of big fat files, which is a plus. We have a damage hearing at 11.
Uh we have a couple of other matters. We have Oh, I forgot a city bank case with Mr. Oh, that's that's next week.
Sign the order of dismissal on Julianne McCann 26857 Longoria versus Macan and Macan and Learn versus Telin. We put those on the record earlier.
All right, we got people in the waiting room. Let's see. Is there I think Miss Rich joined us. Nicole Hart I'm gonna have Mr. Lis wait just a few more minutes.
So, he's preparing to move anyway.
Stop this. The record's been running since 8:45.
It is a beautiful day. There's no wind.
It's blue sky and a couple little fluffy clouds.
The maintenance guys are out on the roof doing the construction. Uh, one of the bless Kendrick showed me a some pictures of the upstairs of the historic courthouse. It's been completely demolished.
It looks like a bomb went off in there.
Here's Miss Hen.
Um, all right. Mr. Lis, Miss Hinton, would you turn on your camera and unmute your microphone?
Mr. Lis, your mother has arrived. She's late, but she's kind of here. I can see her name on the screen.
Miss Hinton, would you all turn on your camera and your microphone?
That's why I ask you to wait. Thank you for your patience. Often people show up late for their own hearing.
Miss Hinton, would you join us, please?
First, you're late. Now I can't hear you or see you.
Well, looks like a nice day where you are.
Miss Hinton, I saw a flash of you.
Please join us.
Mr. Lis, did you guys get hit by the tornado?
>> Oh, yeah.
the I guess the outer wall like a block severe forest wings.
>> Miss, would you join us please?
>> Actually, my childhood home got pretty much destroyed in that tornado.
>> Where was that?
Right next to >> Oh, on South Main Street.
>> Yeah.
>> Yeah. South Main Street is still in distress. They got all the trees out of there. Miss Hinton.
Oh, she is here.
Uh, Mr. Lockus, you agree you're going to move within 10 days?
>> Uh, yes.
>> All right. That'd be by June.
eight.
>> Is there any way I can get like five extra days or like 15 days?
>> Well, she can give you up to 56 days.
>> Okay.
You got a lot of stuff down there.
You're laying on a pile of your possessions. Um, anyway, I will show that she was here in spirit, although I couldn't hear or see her. You've been here for a half an hour. Uh, you agree to move by June 8th.
Uh, no money judgment is entered at this time.
And, uh, if you're not out by that date, you're subject to being evicted. Do you have any questions?
>> No, your honor.
>> All right, you're good to go. Thank you for your patience.
>> Have a nice >> All right. Thanks. I'll let you go.
>> All right. Mildred Hinton is somewhere in the background, but that's no comfort to me since I can't hear her or speak to her. Uh, let's see who else has joined us.
Robert Dudka.
I didn't right there.
>> Yeah, he failed.
>> He's right there.
>> Yeah, but can he hear me?
>> He should be.
>> Yes.
>> All right. You showed up for your own hearing then?
>> I told you. I heard you tell him June 8th. I seen all this and I hear you, but you couldn't see or hear me.
No, he's got until June 8th to move or you can ask for a rid of eviction. There he is right there. Um, you can give him additional time. He said he may need a few more days. But this is a very poor way to come to court. I couldn't hear you see you. Now all I see is Seventh Street.
But I gave you around.
>> All right. There's James.
Yes, >> this is Mil.
>> Yes. All right. He has uh to move by June 8th or he's subject to being evicted. Although you can give him some extra days.
>> I don't like when you 10 or 12 minutes late for your own hearing. We sat around then you logged in and I couldn't hear you or see you.
>> Anyway, started at 10 after trying to get this done. Okay.
>> All right. You're good to go. Thank you.
Uh, we'll send that order in the mail.
>> All right. Mildred was a Carlile.
All right. Uh, we've got a few bumps in the road. In the meantime, I would note that we did do a conditional order of dismissal in uh Riverside Town Houses versus Betty Bell and I've entered that order. So, we will not be having a hearing on that matter.
Miss Terry Richmond is here on her own regard and a damage hearing in the matter of 252442LT people versus Raymond Schwarz. Mr. Schwarz is not here. Uh it's 11:59.
We'll let the clock tick for a minute.
See if he's showing up.
Hi. We're looking for a uh uh what's first name? Uh Raymond Schwarz.
>> All right. Thanks. Bye.
Has not checked in.
>> Yes.
>> Miss, you raise your right hand.
You swear or affirm any testimony you're about to give and be true to the best of your knowledge and belief.
>> Yes, sir.
>> You might want to lock your door. Looks like there's some strange man lurking outside in front of your house.
>> There's a strange man out front and there's somebody on the deck. And I got >> Okay, >> everybody, we're getting our summer furniture out.
>> Yeah, it finally turned into summer.
Yes, >> this was a previous possession judgment in this matter. It has a 2025 case number 252642LT.
Miss Richmond had paid the fee for supplemental money damages and as she does, she waits until the people vacate and then she does a very succinct security deposit notice. So, we'll proceed from that. Let me get my notes straight here.
Let's see. Maybe somebody's in the background here.
H said, >> "Does she live on seventh floor?"
>> Yes.
>> I think she lives right behind our shop.
>> I think so. I think we used >> uh this case you're asking for rent a rear in the amount of $189044.
Is that correct?
>> That's correct.
>> That's correct.
>> Repair holes in the drywall with label in labor and installation $422. Is that correct?
>> That's correct.
>> That's correct. Three broken windows with labor, $150. That's quite reasonable. Uh, one broken thermal window, $65. Are those accurate?
>> Yes.
>> Yes.
>> Replace three storm windows on the back porch at $45 each at$1 135.
>> Yes.
>> Replace one entrance door with labor 225.
Is that correct?
>> I had to replace six interior doors.
>> Well, that's next. Oh, >> that was entrance door next to six interior doors with labor >> 470. They trashed this place. Is this the one where he left and other people were in there?
>> No, he was there.
>> But his kids are a mess.
>> Uh, create cleaning excessive filth. I'm not sure what the price tag is for that, but 650 sounds reasonable. Is that correct?
>> That's correct. That's correct. Three men at $20, $30 an hour for 10 hours to haul trash out of the house. $900.
>> Three dump trailers and two pickup trucks. Boy, what a mess.
>> 750.
>> Clean backyard and rotoill and plant new grass 150 and RIT fee 31479.
I've never had one that >> uh total damage is 6,1223.
Is that accurate?
>> That's correct.
>> And there was a security deposit of 1,080.
So the total damages are 5,000 4223.
>> That's correct.
>> Five 223 >> uh 15845 and 15 for court costs.
>> The RIP >> 17345 and costs.
Yes, >> I left the Southwest Legal up and the other stuff. Uh, boy, Bruce sure does a good job on these difficult cases.
>> Yes, he does. And, you know, he's so kind to the people.
>> He's leaving soon. The question was whether he was going to retire first or I was.
Uh, >> he's leaving, too.
>> Yes. You're going to have to train a new judge and a new uh >> I'm not sure how soon he's leaving. He wouldn't give he just said sooner rather than later, but he and his wife Virginia do it make my job so much easier by being so calm.
>> Yeah, he does a good job.
>> Not here. I've entered your default judgment for damages as requested.
>> Thank you, your honor.
>> All right. I'll see you next time. Thank you.
>> All right. See you soon.
>> Thank you.
>> Thank you.
>> All right, you're good to go. Thank you.
52568.
All right, we've got uh Mr. Dudka at 1110. We got five minutes and uh Jordan Harden is here on a finick case which is 11:15.
Meg Bower is still with us in the background. Uh good morning, Mr. Ducky.
>> Good morning, Judge.
>> Katie Roar is here, I think.
I'm not sure who that is. Katie V. All right, Katie Roar. There she is.
And it looks like maybe Hugh Roar is here also. Uh, Miss Roar, can you hear me?
>> Yeah.
>> Yeah.
>> All right, let me call the case.
26807LT.
Thank you for being here early.
Uh, this is a continued termination of tenency hearing. It's entitled Hugh Roar versus Katie Roar. Robert Dudkas representing the plaintiff. Hugh Roar. We made a record last week. Mr. Roar vacated.
She's there. He wants it back. She indicated she was looking for a place.
Uh her father moved out. She moved in but does not have ownership of the property. Mr. Duck, is that still the circumstance here?
>> Yes, sir. It is. Yes, sir.
Miss Roar, what's your position?
>> Well, I'm I'm looking for a place. I had a place, but um the plan changed with my dad on what he wanted to do with the house, and he immediately wanted it back immediately, and I didn't have time to give Well, as I told you last time, you have 10 days from today to vacate or you're subject to being evicted.
Uh 10 days from today is June the 8th.
No money judgment is entered at this time.
You also have until June 8th to appeal this. Now, I tell everyone at these hearings that they have to turn in their keys and give their forwarding address in writing within 4 days of their moving. This is a family situation. I've had several of these today, so there probably is not a security deposit or a lease. Anyway, that's what the law says of the security deposit law. Um, someone has come in by telephone. We'll deal with them in a minute.
Um, so do you understand, Miss Roar, you have to vacate within 10 days or you're subject to being evicted.
>> Yeah.
>> Do you have any questions?
>> No.
>> All right, judge. I think that's uh Mr. Roar. Uh judging by the telephone number on it.
>> All right. Uh Mr. Hugh Roar, is that you?
>> Yes.
>> All right. Mr. Duck has been here representing your interest. Katie Roar was here. I made a finding that she has 10 days to move or she's subject to being evicted. She understands that. Uh you can give her more than that. You don't have to evict her on June 8th by the letter of the law. Unless she is vacated by that time, she is subject to a rid of eviction.
>> All right. Thank you all. Now, is that >> Go ahead.
>> Uh I wanted to ask you is that my is that my decision? Can I go past June the 8th? You said >> yes, you have 56 days from today. So, you actually have 46 days past June 8th to allow her to vacate if she can't find a place to live.
>> Stay in contact with lawyer, Mr. Dutka.
He knows these rules very well and he can assist you also.
>> Okay.
>> All right. M I wish you good luck.
>> All right. Thank you.
>> Thank you, your honor.
All right. Uh Jordan, we've got five minutes to your case.
Good morning. Thanks for covering today.
>> Of course.
If your partner wasn't gone all the time, you wouldn't have to cover on Friday mornings.
Uh the defendant was here last time, so I expect that she'll be here, but um she's not late yet. So, I'll put you back in the waiting room, or you can just turn your camera off and wait.
We'll sit here and think about things.
>> Sounds good.
>> All right. I'm not sure. I had the record turned back on. We did uh Richmond v. Schwarz as a default. took sworn testimony from Terry Richmond in file 252642LT in the amount of $5,4223 plus cost for total default judgement of 5,21568 and we just made a hearing in Roar v Roar 26807LT Robert Duck is here for the plaintiff Katie Roar was present. She understands she has to move. The date for the writ which I signed on the order is June 8th.
Hughar asked if she could have additional time if he had the discretion and the answer was yes he did. And we finally finished Mildred Hinton and James Lis.
So, we have one case left. As I indicated, the Betty Bell case has a conditional order of dismissal.
And uh for John Bradshaw, conditional order of dismiss is coming.
So with uh one last case with Miss Harden, we will finish our morning.
Thank you to Judge Patterson. We are both needed this room this morning, but as it turns out, his hearing was virtual, so he was able to use the small conference room and do his remotely.
And uh I was able to use the bigger room which was helpful because we did have several live customers.
I keep forgetting. I'll put the screen locked on me. There's no reason to show the empty courtroom behind me. But uh there it is. I have only two options.
Judge or overall. I think I have a witness option. Yes.
So, witness overall or judge.
>> Mag, thanks for sticking with us. We're down to our last case.
Judge, I've been uh been reading the the court rule actually uh and I was going to move over to the statute based on that conversation we had with Miss Richmond. It looks like the I said it was 24 days, looks like it's 28 days, but um anyways, I've been keeping myself busy over here. But the law now essentially requires a landlord to accept the funding source and uh but the t doesn't wave the time limits. But I'm not sure she didn't have as much faith in the manager as I did. But uh it is a lot for the landlords to wait six months to get some emergency relief. I understand why they wouldn't want to participate. just go through and get the property back. And um and >> I think it would be >> I think it would be a hard reading of the law to find that it required the landlord to wait 6 months before proceeding with eviction or to retain possession.
>> But as you indicate, we don't have any case law assistance. Miss Nichols, is that you?
Samsung phone.
>> Yeah. Can you hear me?
>> Yes. Thank you.
>> Judge, just so you're aware, Miss Finnman Raric will not be joining us today.
>> All right. I think she mentioned that Uh, Miss Nichols is back. We were here last week and uh, the Yansancy firm provides very helpful uh, financial breakdowns.
We made a finding that the rear and rent was 178.880 and court costs were 188.85 for a total rearage of 1,9685 through May. were still in May. Attorney Jordan Harden, who is a partner of uh the Anie Law Office, is present on behalf of the plaintiff. Miss Nichols, what's your position here?
>> I would just get off the phone um with the DHS office and I believe that they're going to pay like a portion of that. Um but they were saying that I had to resubmit this sir and I've done it twice. The first time was from some child support something or whatever and I don't even have any little kids. But anyway, I got that cleared up and I thought I had everything right. But the first one I entered was the amount due as of like before. So I had to send a one that had the updated one and I got that from Carissa yesterday. um that gave 1,700 or whatever and um so I resubmitted that but they're saying I had to resubmit the whole thing.
>> All right. Well, I'm gonna now >> judge I have $1,000.
I mean I have myself >> Hold on. Hold on a minute.
Um if you're going to get some emergency financial assistance, that would be great.
Um, but partial payment will not prevent the rate of eviction. If you've got a thousand, that's >> right. And I think that they're going to pay like 900 or something like that.
>> Well, the problem is June's rent is due in two days.
>> Two days. And then I I should have my first full paycheck on like Wednesday.
>> All right.
>> So, >> All right. So if they're going to pay 900 and you have a,000 that would satisfy this judgment. I used to certainly during co I would add the next month's rent into the judgment but according to Judge Stzman and a number of other district judges, you're not supposed to do that. So I have to limit it to the month that we're in. But this order will go just through May.
>> Okay.
>> Okay.
So through May 1,780 uh >> court binds >> for 1,968.885.
If you have a,000 and they give you 900, that would get you through May, but you're going to owe June's rent >> right now. Judge, it's just getting caught up in me. You know, I started behind the ball with Keystone and everything anyway. I started out almost two months behind.
>> Yes.
>> And so like when I started my job here at Thirsten Woods and everything, um my first paycheck I got after the first of March and I already owed March and or after the 1 of April. So I already owed March and April. So I have and then I got I was off work for two and a half weeks with my shoulder my rotator cuff and then so it's just been but I understand you know I'm I'm trying I really am.
>> That's why emergency financial assistance. So you had an emergency.
>> Uh this is that property in Lake View.
It's very close to where you work. So that's help >> and you're calling from work. So you didn't have to miss work to be here.
>> Right. I I started 11:30. So I made sure I was at my I was at work for my meeting so I could go right to work.
>> All right. Very good. Through May rent is 1,780 188.885. The court costs a total of 96885.
Now the defendant may be liable for money damages after moving if additional rent is owed or there's damage to the property. At this point, it doesn't appear that you plan to move. You plan to pay the rent.
>> Yes, I do plan on paying the rent.
>> Acceptance of a partial payment will not prevent the rid of eviction and no money judgment is entered at this time. You also have until June 8th to appeal this.
>> Okay.
>> So, you stay in contact with Miss Ferman.
>> Sounds like working. You're going to get some emergency help. You're going to get caught up through May.
It's good to keep a good tenant in there. So, >> right. And I don't trash it or anything and I keep to myself. So, yeah.
>> All right. Well, hopefully this will work out. Anyway, I'm going to send you a copy of this order. Bear in mind that June's rent is due June 1st. That's probably going to be late. That's where you need to stay in contact with your manager.
>> Right.
>> Miss Harden, you have anything to add?
No, your honor. Um, as the court's aware, um, based on our, uh, summary sheet, no additional payments have been made since the last hearing. So, um, we were going to ask for the judgment to be entered today. And as the court, um, typically advises people, the landlord does have the discretion to work with, uh, parties if, if we're in the process of getting caught up in a timely manner.
>> Yes, they can work with you for up to 56 days from today's date to get caught up in the rent. And I think that's probably what's going to happen here. you seem to be a good tenant. You're working. You're diligently trying to get caught up. You just need to get back to square one >> so you can operate from there.
>> So again, stay in contact with your manager.
>> Okay. I sure will.
>> All right. Thank you, Miss Harden. Thank you.
You feel better.
>> And uh Miss Nichols, you get back to work.
>> All right. Thank you, judge.
>> Thanks. I guess judge just to if you had included June in that judgment, DHHS wouldn't release the funds until she could prove that she had paid was able to pay everything in the judgment. So adding June may have actually prohibited her from being able to get that DHS assistance just to >> Well, that's interesting because we were doing recall we did it commonly during COVID.
>> Yeah.
>> Put the next month in there and it' be part of the grant. So I'm just complying with uh this what appears to be the law and staying in the month we're in and advising them of the consequence that a next month will be due. All right, Miss Harden. I know you got things to do.
Have a good day, a good weekend, and uh I'll see you next week.
>> Sounds good. Have a nice weekend. Bye, Judge.
>> All right, M. Thanks for your help today. It's nice to have you back.
>> It's nice to be back. Yes.
>> Thank you.
>> All right. Um that finishes everything we had for this morning. I don't think I have any criminal cases. As I mentioned, I had a trial with Miss Bower set for at least four hours this afternoon. A witness was unavailable, a crucial witness for the plaintiff. So, they stipulated to adjourn it, which I regret because now I got to put it somewhere else and I had four hours blocked out to hear it.
Um, so hope everybody in Jackson County is doing all right or wherever else you are. We'll end the live stream and uh we'll be back either later today
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