MovieChat Forums > The People's Court (1997) Discussion > Ouch! Judge Stiffs Tenant (Again)

Ouch! Judge Stiffs Tenant (Again)


Re: The Peoples Court [May 25, 2016]: Fireworks Over a Faulty Stove
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It's obvious that beneath the pretense of fairness, the TPC "cast" is pro-landlord. Judge Milian often rules against landlords, and even gives the worst ones hell once in a while, but Harvey's bogus leading questions to the onlookers always push the idea that tenants are generally irresponsible, parasitic low-lifes, and landlords are generally decent, fair businesspersons.

The final case in this episode involved a guy suing for the return of his $200 security deposit. He asked for triple damages because he thought it was up to the judge to decide whether double or triple damages should be assessed.

Both parties agreed that there was ongoing friction between the plaintiff and the defendant and her mother (the plaintiff's housemates) during his tenancy regarding his persistent failure to clean up after himself satisfactorily.

The defendant, a nice enough young woman, explained that they kept the $200 security deposit because of the cleaning required after the plaintiff left.

As all TV-court watchers know, landlords are legally required to send an itemized letter, usually within 30 days of the tenant's departure (it varies by state) listing the reasons for keeping some or all of a security deposit. The penalty provisions kick in if the landlord fails to provide this notice.

The defendant claimed to have sent such a letter, but didn't have a copy or any proof that one was sent. The plaintiff denied getting any such letter. Furthermore, the defendant had no-- no-- evidence at all to prove up the actual damages to justify keeping the deposit.

So Milian got zero evidence that proper notice had been given, or even that there was actual damage to justify keeping the money. This should've been a slam-dunk for double damages!

Although Milian didn't hesitate to correct the claimant's mistaken impression that it was "up to the judge" to assign multiple damages, and explained that it was a matter of (state) law-- she went ahead and did exactly what she told the claimant she "couldn't" do, except not for the plaintiff's benefit: she took pity on the vulnerable defendant and only awarded the screwed-over plaintiff the return of the $200.

The judge explained that she felt that in spite of keeping the security deposit and failing to comply with the legal notice requirements, the landlord really didn't act in "bad faith". Huh?

And yet Milian just loves to beat tenants over the head, and charge them to the full extent of the law, if they fail to vacate the premises and clear out all of their possessions by midnight on the final day of the rental period/lease-- even if it was OK with the landlord! To her, that's automatically "bad faith".

I think she should jump on the landlord who "bends" the law as hard as she jumps on the tenant who takes a day or two-- sometimes only hours-- to clear out of a place that hasn't even been re-rented.

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What's SO surprising about it is that she used to award treble damages on a regular basis - it's where I learned the terminology. I wonder if she (or a close friend) decided to become a landlord and lost a hefty sum "in bad faith."

Don't be TOO surprised, though. I can always call the outcome of any case involving a wedding contract. Judge Milian is notoriously pro-bride.

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Thanks for the response, especially since there were a few mistakes in my long-winded comment. I fixed them-- call me obsessive-compulsive or just fussy. 😉

Back to Milian and landlord/tenant cases: I also think she's too willing to give defendant-landlords credit for damages in cases where the landlord didn't send the required letter to the departed tenant.

Even worse is when landlords claim "after-discovered" damages not brought up during the final walk-through, or when the tenant was prepared to attend a final walk-through but the landlord couldn't be bothered at the time.

It doesn't take a law school graduate to understand that the common-sense purpose of both the walk-through and the timely letter listing damages is to ensure that the landlord promptly makes the tenant aware of the existing damages for which the departing tenant is responsible, and both memorializes and finalizes the claimed damages.

The flip side to this situation is exactly what I think happens on TPC a lot: when an unscrupulous landlord gets sued, they have all the time they need to "discover" all kinds of damages, and create "evidence" to "prove them up".

No, Judge, I don't think landlords go out of their way to sabotage their own rental property just to pin it on the tenant-- but I can think of lots of ways to get convincing photos or videos of damages between the time the litigating tenant leaves and the premises are rehabbed for the new tenant.

Milian is far too lenient in crediting delinquent landlords, such as readily allowing damages for things the landlord didn't "see", or find out about, during the walk-through.

I think it's totally unfair to sandbag the ex-tenant this way; for instance, if the landlord wants to charge for, say, stains found "under" a carpet, let them take up the carpet during the walk-through.

There are just too many cases where a tenant is "nailed" for damages that weren't brought to the tenant's attention until they got to court. And all they can do is stand there and say they never put those cigarette burns under the fridge, and this is the first they heard about it!

They usually are on the hook for it anyway-- because, you know, tenants are always irresponsible, liars, and shiftless. Just ask Harvey.

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I hear you on that - and raise the way she likes to shame tenants for cleanliness of apartments at the time they signed the lease. "Why would you rent an apartment that looks like this?! You must have done it!" Or, maybe, the only apartment they can afford is the one with the broken windows and stained bathtub. It's not that far out of the realm of possibility for a landlord to say they'll repair a cracked window or broken baseboard, and then never get around to it. She's lucky that nothing like that ever happened to her when she was young and living paycheck-to-paycheck, but that doesn't mean everyone else is so privileged. She should check out the ads on Craigslist, sometime - it might open her eyes to a new perspective.

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Harvey is an obnoxious twit. no answer is right for him.



he is even worse than John Quinones.

Oh God. Fortune vomits on my eiderdown once more.

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