This case serves as a sobering reminder that procedural rigor must always supersede personal rapport in legal matters. Relying on informal trust rather than written notice is a costly mistake that no friendship can rectify.
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Unfriending a FriendHinzugefügt:
These are the plaintiffs, Sharon Varine and Lisa Jameson. Sharon says she's been friends with the defendant for 25 years and can't believe it's come to this. A lawsuit. She mistakenly moved into the defendant's apartment. Things didn't work out and now she can't seem to get her security deposit back. She has no other choice but to sue and is doing just that here and now for the $700 she's owed.
This is the defendant, Susette Redmond.
She says the plaintiff up and decided to move out without saying a word, then took off with only 5 days notice.
Friendship aside, business is business and she has to take care of her own interests and that includes keeping the plaint of security to cover her losses.
She's accused of deffriending a friend.
The defendant has filed a counter suit for $583.74 for an unpaid water bill and attorney's fees.
>> All right. Sharon Vine.
>> Yes.
>> And Lisa Jameson.
>> Okay. You're suing Susette Redmond for $700 of security deposit that you say she is wrongfully keeping. You are counter claiming against them $583.74 for unpaid water bill and attorney's fees. Okay. Talk to me. Talk to me.
Okay. Uh, me and Susette have been friends for over 25 years. Um, um, I went back to school.
>> Makes us particularly sad.
>> Now look at you.
>> Um, I went back to school to become a massage therapist. I quit my job. My domestic partner was paying all the bills and everything. Um, to make a long story short, we um, Susette had property available. She was charging $900 a month, but because me and her were friends, she charged me $800 a month.
So, we moved in October the uh, 1st. the it was a month-to-month lease. Um, it was $800 a month.
>> October the 1st of 09.
>> October 1st of '09.
>> Um, I gave her $1,500. I gave her first month's rent and $700 on the security. I knew I owe her $500, but she told me she would work with us. You know, if things was really tight, one person working, it was just really, really tight for us.
Um, so we were there. Um, when it got >> The security deposit should have been what? It should have been a month and a half and $1,200.
>> Should have been $1,200 and what it was instead is $700. Right >> now, you have a different version of that. Your version is that they were supposed to pay that eventually. Not that you were forgiving it.
>> Correct.
>> Okay. So, go ahead.
>> I don't dispute that. We were supposed to we were supposed to do that. Okay.
So, um I got a realtor in April um and we were looking for properties and um I found a property. My realtor tried to get in contact with Suzette. I had the paperwork here. Had you told us that you were looking for another place?
>> She knew.
>> Okay. No. How did she know? Did you tell her?
>> Because when we first did the lease, we told her it was going to be a shortterm.
>> Yeah, I know. But that doesn't tell her when you're leaving. That you could you could say that and then stay there for years. I mean, it's fine. So, did you say to her we hired a realtor or not yet?
>> No. No.
>> That's fine. That's fine. So, then you hired a realtor. The realtor's looking and what happens?
>> Um, the realtor we started we I got with the realtor on April the 6th. Um, I was looking for, we were looking for places and then June 25th came around. Um, I went to go see a place on Swan Street.
Um, we looked at it.
>> Okay, let's jump start this. So, you find a place you like it. So, you tell her that you're moving out when?
>> I told her when I paid the rent on July the 5th, I told her that we were moving out.
>> Okay.
>> Now, I'm giving her 30 days notice.
>> You were giving your 30 days notice, >> right?
>> All right. And you said that on July the 5th, >> right? When I gave her the rent check.
>> And you moved out on what day? July the 30th.
>> The 30th. Okay. And when you moved out, did you do a walkthrough with her?
>> Yes, we did that Sunday.
>> And did she say then that she wasn't gonna get >> She didn't say anything.
>> When did you find out that she wasn't going to give you the security?
>> She sent me a certified letter on August 19th.
>> Okay. She sends me a certified letter saying that I didn't get 30 days notice.
So, you're not getting the $700. we breached the security deposit was never received when we moved out the property and that I told her on the 26th of July that we were moving and we moved out the >> Let me hear from you Susette Redmond.
Tell me your side of things.
>> When I spoke to her when she on July the 2nd, she said we may be moving out.
Okay. Maybe. So something in my mind told me to call her on July the 26th and I said Sharon.
>> Who did you talk to who said we may be moving out?
>> Sharon.
>> Okay. When she came to give me my rent, she said on July the 26th. She said, "Yes, we are moving." I said, "When?"
She said, "On the 31st." Then she calls me a couple of weeks later saying, "Susette, when you send me my security money, send it to my mother's house in my name." This she leaves a message. I still don't talk to her personally.
>> What did you call her?
>> I didn't call her. Oh, >> I sent her the certified letter stating that first of all, I never received all the security money. Second of all, you didn't give me a written notice per the lease in writing that you were leaving.
Did you you have to give a landlord a 30-day written notice that you're leaving?
>> Did she have a one-year lease or a month to month?
>> A month to month.
>> Right.
>> If you read article >> and you're in New Jersey, right?
>> Correct.
>> The law in New Jersey you got to get 30 days notice on a month to month. Okay.
Correct. And the law according to your contract is that any notice you give has to be in writing and not verbal. Let's go by your testimony which is you give notice on July 2nd. How is that 30 days?
The tenency goes from the 1st to the end of the month. That's the tendency. If you got to give 30 days, then how would that be appropriate notice?
>> Well, I have a letter, a notorized statement from my realtor that I was working with saying that we have been trying to get in contact with her since June 25th. So the two the two rentals that I was looking at, the landlords wanted to speak to her and know what type of tenants that that we were and she would never return phone calls. She even came to the house giving a notice.
All you got to do to give a notice is send a certified mail on the correct date.
>> Okay.
>> All right. That's all you got to do to give a fact that your realtor's trying to reach her to get a good recommendation for your next landlord and that she doesn't answer phone calls makes her nasty, but it doesn't make in a better position.
>> She knew it's not like something that it just popped up. She knew from the month of June that I was looking for a >> You have to understand that's not how this kind of thing works. Understand?
And here's why. Okay? Because a tenant, and it's often the case, may be looking for a place, but they don't find a place that's yummy enough yet. So, it might take you four months to find the yummy place that you really want. So, the fact that the realtor's going that doesn't tell me if I'm in the landlord's shoes, how does that tell me that it's time to start showing the place, put it in the paper, whatever else, because you may not be leaving yet. You've got a notice problem in this. Now, you've got a counter claim against her. And the counter claim is for what? It's $233 for an unpaid water bill and $350 for attorney's fees. Let me see the water bill. You guys are responsible under your lease for the water bill, right?
Okay. And what is it you've got to show me over there?
>> We paid >> that I paid the Well, okay. There the there were the water bill the previous balance on the water bill was 29451.
I paid 170. I had a balance of 12451.
>> Yes.
>> Okay. When we moved out, it's my fault.
I take responsibility for it that I waited 13 days to stop the water.
>> You forgot. I >> Yeah, I'm I'm I'm a I'm a massage therapist. I work from se 8 in the morning till 10 at night. I'm >> What's that have to do with it? It takes You forgot. JUST SAY YOU FORGOT. We all know what happened. You forgot. Go ahead.
>> How do you remember?
>> When the water bill came.
>> Ah, there you go. Nothing like a little reminder. Go ahead. So, um, I went down to the waterworks company because I'm being I'm being build for the month of August that I wasn't there. So, I talked to the people at the waterworks. I paid for the first 13 days, which was $17, and the 124 and the balance that was left over. I don't feel like I should pay for a month of August that I wasn't there.
>> So, would you fight a friend of 20 years in court for 700 bucks?
>> I would. If they're a true friend, they would give me the money.
>> Fair point.
>> Yeah. Like if it's a true friendship, they would pay you and not have to fight you.
>> So you'd fight them.
>> Yeah.
>> Good for you going inside the courtroom.
>> I agree with you that the only part of the water bill that you should pay are the part for the days that you were actually there. I I don't even think you have to pay any of the days in August.
So there are current charges of $10923.
Of that you should be paying $92.85 of that. You already paid according to the receipts you're showing me $1749.
Which means that remaining on the water bill that you must pay is $75.35 and the rest is on her.
>> That's going to be my judgment on the water bill. But wait, there's more. Just when you think it's safe to get off the bench. $350 for attorneys fees for what?
>> Well, I didn't want to go to court without an attorney.
>> To what court?
>> I was She took me to small claims court >> on this case.
>> On this case >> to get a return of the security deposit.
>> Correct.
>> Okay. I see in the You're handing me some receipts that look really hanky because lawyers don't usually write like little Office Depot receipts like this.
>> Yeah, he did.
>> Uh I I find it mystifying though that you would pay yesterday a 100 bucks when you knew you were coming here today and that he's not going to do anything.
>> I know. I was obligated to him to pay him the 350.
>> Show me your If you're obligated how? On a retainer agreement?
>> Yes.
>> Let me see your retainer agreement.
>> No, I don't have that, ma'am.
>> That's because you don't have a retainer agreement with him. But let's just say that you do. Let's go your way. Let's go by your testimony. Okay. That somehow you would pay a guy a hundred bucks on legal fees.
>> I'm so tired of being underestimated. Do I look like a sucker? I mean, is that what it is?
>> I don't think I do. I think I'm scary as can be.
>> I find that you're not entitled to legal fees. I know that in fact your lease says that you're entitled to legal fee of reasonable attorney's fees as a result of a breach. Going to court and suing you because they think they're right is not a breach. Your attorney's fees are when they breach and you got to go TO COURT AND FIGHT THEM. Eviction court, you got to get them out. All the all the costs associated with rerenting and all. That's what your attorney's fees are for. They're not for when they turn around and have a want legitimate access to the courts to find out who's right, which is their right. Okay. I find in your favor in the amount of $75.35 on the water bill. I also find in her favor on the deposit. I did not find in your favor on the attorney's fees. Good luck, folks.
>> Thank you.
So, here comes a defendant underestimating Judge Mayan. Good idea or bad idea? Oh, >> I didn't I didn't underestimate her. I just had to pay my lawyer because I thought I was going to go to court next week.
>> What do you think about the outcome of this this case now that the judgment's in?
>> It was a correct um outcome. I love the outcome. Thank you very much for inviting me.
>> Okay. All right. Right down this way.
Okay, then. Are you another satisfied customer, too?
>> I'm fine. Yeah.
>> Yeah.
>> What's so fine about you?
>> I'm happy that it's over. I'm just glad that it's over.
>> How long have you two been friends?
>> Over 25 years.
>> And what's the status of your friendship as of right now?
>> No, it's done. It's over.
>> You don't need her as a friend anymore?
>> No, I need God and my dad and the people I have behind me. That's all I need.
>> I don't need it, >> Harvey. Okay. One quick note on attorney's fees. Even if the contract says that only one person gets them, the way it's interpreted almost always is the person who wins gets lawyer fees.
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