All right. This is equilibrium management and Ardell Bombach file 26-42505-LT. Mr Bombck is here.
Mr Woody is here. Do we have an agreement, gentlemen? No.
Your honor, unfortunately, the parties have been able to reach any sort of resolution to this matter. How do you want to proceed then? You're at this time, I'd request that the court make a determination as to whether there's a tribal issue of fact.
Uh there is rent to retain right now in the amount of 4,90 through the end of September. Court costs are $239. 92.
Total amount to retain is $4329. 92 with a writ date of September 24th. Uh we also ask for money judgment.
Prrated rent through today's date is 36. 90. Court costs again $239.
92. Total amount of the money judgement claim would be $3929. 92.
All right, Mr Bombac, what do you think needs to be uh resolved by a trial? Uh the late fees being charged first off. Second off, six weeks of of rent that uh I was living in 87 degree heat.
They didn't fix my heater. And I could go through that, too. I have the evidence for that.
Actually, I sent you some of the screenshots of some of the stuff that uh I would be talking about as well as them forgiving the previous late fees because of my injury. When I first moved into the place, I was injured at the front step where there was missing. There was a hole with grass growing over it.
There's separate litigation that's ongoing and in negotiations in a mediation stage right now. And I re I actually believe that this is this uh forcing me out of this place even though I offered to pay seems a little um I'm not I won't I won't say open court, but it just makes me uncomfortable that they do something like that knowing what happened. I've received no documents from Mr Bombach.
All right, Mr Bombck, are you telling me that the fact that an apartment was 86° in June makes it No, no, no, your honor. The heater was the the heater was broken running when it's 87 in here. I I called them many times.
They wouldn't fix it. The maintenance man came over, said it was fixed, and then I had to stay through two more nights of this stuff. It's It happened over and over and over.
There's a baseboard heater that they had running all the time. Even in the middle of the summer, it took him weeks to fix it. And that's part of it.
And then of course the late fees she promised uh we had an agreement that she would forgive Mr Bombck. Mr Bombck Mr Bombback just because you speak fast just because you speak fast doesn't mean you speak right. I ask you when I ask you to stop you need to stop so that I can ask a question about what you previously said.
Sure. I'm sorry. I I have to turn this up.
Give me one second. I could barely hear you. Okay.
Go ahead. I'm sorry, sir. Mr Witty has asked me to determine whether or not there is a triable issue.
The statute says that the judge before having a trial has to make a determination that there is a question of fact that would make a difference in whether or not one side is legally required to do something or not. So you've raised the issue of the heat. The question that that goes to is whether or not the uh building the place that you're staying was appropriate for living in.
If you're telling me that something is 87°, that's hot. It's uncomfortable, but it doesn't make it unfit to live in. There's lots of places that don't have air conditioning.
In the middle of summer, it gets up to 87 degrees. If you told me it was 125, yeah, you can't live in 125. If you told me that the place had the roof falling in, yeah, you can't live there.
Or there was no water. Or in the middle of winter there was no heat. Those are all things that I can say, okay, I'll let that question of whether that goes to the jury or goes to the court as a question of fact.
But if you're telling me that your issue is that it was 86 degrees, I'll grant you that. I and I'll grant you that it was uncomfortable and it should have been fixed, but that's not a reason for them to not be able to kick you out of the apartment at this point. Does that make sense to you?
Yes, sir. All right. So, your other issue is late fees.
Are those the only two issues that you have? Well, there's other issues with the place, too, but honestly, it was never reported because the residents here told me not to even bother with it. So, I'm just going to be be honest with you that that's pretty much all the issues that I was going to raise because those are the ones that actually reported.
And so, hang on. Just slow down a second. I know you want to talk.
I know you got things you want to say and I want to hear them, but I got to be able to make notes and process and take it in in in time. So, let me make a note, Mr Witty, as to the late fees. What do you want to do with those?
Um, and your honor, if I could ask my client, um, Miss Musel, what is the total amount of late fees that we have on this ledger? Um, I believe I when we were in the breakout room, I calculated 300 when I said that was totally fine to get rid of those. And your honor, we would dispute as factual allegation, but it's a practical matter.
Rather than having a trial over $300, we would wave $300 in late fees. Does that take that issue off the board for you, Mr Bombck? Yeah.
All right. Um, so any other issue that you have, Mr Bombck? I wanted to ask the court for a little bit of more time than the usual 10day writ.
And the reason why is I took out a student loan to pay up all the rent so I could keep the place. I'm not keeping the place, so I need to find a new one. Um uh and so I I'm going to try to get into I need a few days to get into a new place after I get the money.
So uh because no one's going to give me a place unless I have cash in hand. You know what I mean? So uh I'm hoping that you can grant me until at least the uh the 1st the end of the 31st of September.
And I'm I'm charged for rent already through the month, obviously. So, I know that's going to be added. I have to pay it.
I know that. The problem, Mr Bombck, is I'm not the right person to ask. Uh the court doesn't have any authority to grant anything other than what the law says.
The law says 10 days. You can by agreement with the other side reach an agreement that says all right you have until X date to get out and then I can enforce that agreement but I can't make them give you more time than what the law says. So the law says once there's a judgment you have 10 days.
So Mr Witty do you want to reach an agreement as to a longer period of time or what would you like to do sir? We we talked about again I'd inquire my client whether she's willing to do that. Yeah, just like we discussed in the breakout room.
Once again, I'm totally fine with the October one move out date. Um thank you. I thought we had agreed on a lot of this.
The the the one caveat there, Daniel or Danny, is that um that was presupposing that the parties were agreeing that he was moving regardless. This is a non-payment case, so that would give him till October 1 to have the option to pay and stay. I understand that you sent a demand for possess or notice to quit, but that's a different process in a different case.
So that means if we go to October 1st, that means he could pay by October 1st and stay in possession. Are you okay with that? I get what you're saying.
Okay. Um, is there any way around it? It sounds like there's no way around.
You don't have to agree to it. It's up to you. Oh, okay.
[laughter] Um, no. I think we're just going to end up back in court. This is our third time here for non-payment twice.
Well, is there a third alternative, Mr Whitty, where the the agreement is he gets to stay there, but he that's the drop dead date and I give you a judgment and and he's paid through whenever he stays there. I'm not sure I tracked your I'm sorry. I give you a possession judgment, but it's only effective as of October 1st.
[clears throat] So, we would get possession regardless as of October 1st. Correct. I think that's what Mr Bombbeck is saying.
He's he's okay with that. So, possession as of October 1st. I'll put that in the further orders, your honor.
That that'd be a great thing to do. So, it sounds like we've reached an agreement on that as well. Anything else, Mr Bombbeck?
No, I just want to be clear on what what this means because I I kind of heard some of it, but you're saying October 1st was agreed on now, the move out date. You stay until October 1st. Then they they have possession as of October 1st.
Okay. Yeah, I understand. I just want to make sure I understood and you have to pay through October 1st.
So that'll be part of the the dollars that are owed thereafter. Okay. So adjust the money judgment to be the full month's rent.
Then it'll be the same as the possession judgment. Yep. Yep.
Miss Musel, is that your under understanding as well? Yes, that makes total sense. Thank you for clarifying.
All right. Anything else, Mr Bombck? No.
So, Mr Witty, you got all that to put in a proposed order? I do. I'll mark that by consent and submit ASAP.
Mr Bombck, is that by your permission? Yeah. Nobody has threatened you or or promised you anything other than what's been stated on the in court uh on the record today?
No. All right, I'll I'll await the the uh consent paperwork then. Thank you both.
Uh thank you all very much. Thank you. Thank you.
