[Music] and welcome back to factor Frogs make sure you hit the Thumbs Up Button you're subscribed and ring that Bell for notifications so the next time Premiere video you can meet a live chat with everyone else and leave a comment in the comment section tell me what you think this time it's too late against in landlord tenant court that aren't right but one is not there you are witnessing is real the participants are not actors now calling case number two three three five zero five two zero Peter sarowski versus Jamel Crowell on Helen Street in the city of Detroit this matter is scheduled for pre-trial on a complaint for non-payment of rent can I have the parties present for this matter please come forward [Music] both parties yes ma'am okay um good morning sir what's your name okay good morning Mr sarowski my court clerk tells me that the defendant checked in today we're going to go find him the court officer is going to go look for him now dummy good morning sir what is your name good morning okay thank you um can I have you both raise your right hands do you both swear or for him to tell the truth the whole truth and nothing but the truth thank you even lower your hands okay this is a complaint for non-payment of rent I'm having the parties spoken have you talked to try to resolve this before we even see hearing you I'd like to establish that the actual uh the contract is actually under California law the 36th District Court has not had jurisdiction performance their country and furthermore the plaintiff has not a d on cloud it has not have proof If you have not been complied with law of Dimensions it's actually only who tells us that the court doesn't have jurisdiction over the contract sir because it's under governing California alone the house was in Detroit it's the house in Detroit yeah okay the court has jurisdiction the contract itself is under the California that's true okay uh Mr Swarovski do you have a need yes can you give it to the court officer thank you Mr Swarovski is there um some paragraph in the contract that says that this is to be interpreted by California law no Mr Crowell where are you getting this California law from we look at the actual context itself it'll actually says government I don't even know why that would be in the contract that doesn't make any sense I mean it may say that oh it does it says disagreements to be governed under the law is located in the state of California why would why would you all agree to that typo okay well whatever the case the property is in the city of Detroit and so the this is the place to file any kind of um you know eviction action all right um foreign just presented the court with a deed that um conveys the property commonly known as Helen Street in the city of Detroit to Mr Swarovski this was signed on March 5th 2021 did you record this sir did you record this at the Wayne County Register of Deeds yes okay this one is not reported but do you did you actually take this little way honey register of these or take a copy to the Wayne County Register please all right so um did you live in California at some point I did yes oh okay because there's a lot of California stuff on here so I was just wondering all right so um how much is old in rent um 1500. so rent is 750 per month Mr Crow what do you have to say in response to that I have the actual everybody's here they showed that he was not a compliant with the actual agreement or the actual or or even having the property at home or compliance so the whole concept so what evidence do you have sir have you showed it to him show it to him before you give it to the court officer address foreign just show it to him I don't need you to examine them just show it show them the paperwork sir have you spoken to a defense attorney today by the way so do you have when I say I'm calling everybody Sir Mr Swarovski do you have a certificate of compliance from the city of Detroit foreign why haven't you paid your rent all right Yankee Doodle Andy it's time to answer the question why haven't you paid rent did you hear me sir yeah just take a deep breath and relax is there a reason why you haven't been paying the rent so you think you can just stay in the house without paying rent I'm sorry do you think you can stay in the house without paying rents yeah like he's gonna enter now get that feather out of your head really get it out of your head pretending you know what I'm gonna pass on this matter so Mr crawl can get himself together have a seat sir and as a matter of fact you may want to go speak to a defense attorney go to room 417 please um and would you like to speak to a defense counsel yeah all right well do you have yourself together because every time I ask you a question there's like a a delayed response is everything okay with you sir do you want to proceed now or do you need to get yourself together well actually I would like to as long as everything is a Sabbath okay well you can say what you want to say sir I just need to know so are you putting the rent in escrow later in the void did you hear what I said sir you know what I don't have time to time you need to step outside and get yourself together I'm going to recall the matter so Mr Crowell can get himself together I'll call this when we come off a break please go into the hallway or sit in the gallery so you can meet yourself together sir well I keep asking you questions and you're not responding to me I'm trying to move this case forward but you're not saying anything when I ask you questions and so that's telling me that something is wrong you need to speak up please for the court reporter [Music] all right so and that's cool if you need to do that just tell me like when I ask you a question how much time do you need to to breathe because we've been up here for a while all right you know what I'm gonna pass on this matter please go to room 417 to speak to a defense attorney okay Mr Swarovski I'll recall the matter when we come back room 417 sir I'm sorry you refuse a defense attorney okay all right um I'm passing on the matter anyway have a safe place thank you much much much later [Music] all right I'm recalling it recalling case number two three three five zero five two zero Peter sarowski versus Jamil Crowell 5351 Helen Street in the city of Detroit this is the recall of a complaint for non-payment of rent the matter is set for pre-trial um so you're gonna have your name one more time thank you for your patience today Mr Swarovski the court notes that the defendant was present I just saw him up to maybe about 15 minutes ago um this matter was scheduled for 9 30 uh the court called the matter maybe about an hour ago I'm not exactly sure um the defendant was present uh the defendant placed the same on the record the defendant also um took enough to give um truthful testimony and when the court gave the defendant an opportunity to refute the plaintiff's statements as to rent that was all um the defendant did present a screenshot of it looks like the city of Detroit's rental map website which shows properties that are in compliance and not in compliance with the city of Detroit's rental ordinance which does require that property be registered and um that the owner have a certificate of compliance in order to place someone in the property and to collect rent when I asked Mr prowell if he placed the rent in escrow instead of answering me he started to breathe deeply and stare at me um and so I asked Mr prowl if he needed a moment to you know gather himself you know sometimes people get nervous or whatever um he kept saying that he did not need a moment but every time I asked him a question he would start breathing deeply and stare at me and so um I passed on the matter to allow him to gather his thoughts I just recall the matter he is not here I will state um that in response to um you know Mr Crowell legal defense that the plaintiff is not um in compliance with the city's rental ordinance there's a section of the ordinance that required oh I'll just read it it says notwithstanding section 8-15-35d of this code and subject to subsections E and F of this section it shall be unlawful for an owner to allow any unoccupied rental property to be occupied or to collect rent from a tenant for occupancy of a rental property during or for any time in which there is not a valid certificate of compliance for the rental property um it then goes on to say the tenants of an occupied rental property that lacks a certificate of compliance shall pay the rent that would otherwise have been due into an escrow account which is established by the building's safety engineering and environmental Department with the third party financial institution if the owner of the rental property obtains a certificate of compliance within the first 90 days in which payments are made into the escrow account the rent in the escrow account shall be paid to the owner thus the actual administrative fee charged by the third party financial institution um and then it says if the owner fails to obtain a certificate of compliance within those first 90 days the rent in the escrow account shall be paid at the end of those 90 days to the tenants unless the actual administrative fee charged by the third party financial institution uh the the ordinance goes on and on um basically what this is is there is an obligation uh as a landlord upon you to uh get your property registered and to obtain a certificate of compliance with the city of Detroit you are not supposed to place anyone in your house until you've done that and you are not supposed to collect rent from anyone until you've done that um but the ordinance also requires the tenants um if they learn that the property lacks the certificate of compliance the ordinances I interpret it requires the tenants to place the rental amount into an escrow account I do think I asked Mr Crow If he had done that and that's when I did not receive a response um and so the court I wish he was here so that I could question him again Mr Swarovski are you aware of the tenant paying the rental amount into an escrow account okay so I'm going to enter a judgment um so you said the rent was fifteen hundred dollars how much in court costs let's see I know you probably paid what 55 to file this thank you so that takes us to 1590 dollars so the court is going to enter a default judgment because I did pass on this matter and I don't know where the defendant went and oh wait here he comes okay sir can you come step to the podium you're just in time hello again sir can you state your name okay Mr Crowell you are still under oath you were sworn before uh Mr Crowell I just went through this whole thing but I'll go through it again so you raised the defense as to why you have not paid the rent in the past two months you stated that um the property does not have a certificate of compliance correct um and also I want to as well um establish that 36 District Court does not have subject matter jurisdiction also that I have been scam I lost my muscle on the record and support and I want to also to make sure that it's taking directly were you finished okay jurisdiction that was established how do you multiply and I'm not ready to give my rights as well it does have jurisdiction though um but this court has jurisdiction over property that is located within the city of Detroit um do you live in the city of Detroit sir that's a yes or no question do you live in the city of Detroit okay I am I'm working with you because I understand you know sometimes people get nervous or excited or whatever and they have to take deep breaths I encourage my children to do it all the time but I need some kind of indication from you that you're going to respond to my questions if not I'm just going to proceed as you being non-responsive so do you live in the city of Detroit so which important rules are not being followed at this moment in the record I would like to establish things okay so you're not going to respond to my questions I'll note that that you not responsive um but the sum is so the sum isn't complete indicate that the property is located within the city of Detroit and so does the rental map that you submitted to the court okay year as far as the contract that this is that this whole take from establishment under California sir you were living in the house and rent is old whether this contract says it's California law or um Michigan law or whatever you you are in Michigan the house is in Michigan the house was in Detroit you've been living in the house you owe rent now I am aware of your defense that the property is not um in compliance and as I stated before I'll read to you what I just read on the record before you came back into the courtroom thank you I think I asked you if you were placing the rent into escrow I need to know have you been placing the rent into escrow so that is how were you scammed sir is from another state in the state in which the original agreement ends actually exercising is different in the state of the government alone that's not Jermaine here I mean um you're under contract you are under contract to pay rent and so I guess I should ask you what how would you like to see this case be resolved foreign based on the fact that you entered into a contract that is you're saying is to be interpreted under California law is that why because the 36 District Court does not have jurisdiction on your California law or contracts the 36 District Court does have jurisdiction over property that is located in the city of Detroit and the property is located in the city of Detroit and so you are living in this man's house but you don't want to pay rent is what I'm gathering are you planning on moving out of the house okay well like I said before so um I just read section um 8-15-82 of um the Detroit city code and this is the portion of the ordinance that deals with registration of rental property and I'm going to read you exactly what it says word for word this is section 8-15-82 subsection d it says notwithstanding section 8-15 35 D of this code and subject to subsections E and F of this section it shall be unlawful for an owner to allow any unoccupied rental property to be occupied or to collect rent from a tenant for occupancy of a rental property during or for any time in which there is not valid certificate of compliance for the rental property tenants of an occupied rental property that lacks a certificate of compliance shall pay the rent that would otherwise have been due into an escrow account which is established by the building safety engineering and environmental Department with the third party financial institution if the owner of the rental property obtains a certificate of compliance within the first 90 days in which payments are made into the escrow account the rent in the escrow account shall be paid to the owner lest the actual administrative fee charged by the third party financial institution if the owner fails to obtain a certificate of compliance within those first 90 days the rent in the escrow account shall be paid at the end of those 90 days to the tenant lest the actual administrative fee charged by the third party financial institution so uh it says there after the tenant shall continue paying rent into the escrow account until the owner obtains a certificate of compliance and this goes on and on and on you can look up the ordinance on the website if you like um but basically what that means is Sir although the plaintiff is under an obligation to obtain a certificate of compliance you are also under an obligation if he doesn't have the certificate of compliance you are under an obligation to pay the amount of rent into the city's VC to Escrow and that is why I ask you if you have been paying into the city's deep seed escrow and even on this evidence that you submitted to the court which is a screenshot of the rental map from the city of Detroit's um I guess it's there um yeah it's their rental map um it shows the compliance status it does show that this property located on Helen Street is not in compliance but there is a section it shows that you could apply for rental escrow program have you done that sir that's just a yes or no yeah use that deep breathing so when you have to move out that's coming soon okay again I'm giving you an opportunity to get yourself together but I'm taking that as non-responsive um you haven't presented any evidence that you have paid into the escrow amount and so you know your defense is in order to assert this defense there's something there's a condition uh which you have to uh combine up by by and I don't see any evidence or haven't heard any evidence that you have abided by uh the condition that is set forth by the um Detroit rental registration ordinance therefore I am going to issue a judgment um so how long do you need to get out of the property either pay the 1 590 or a vacate the property [Music] 750 per month and he said you're two months behind sir foreign do you have do you have a ledger Mr Swarovski no no we are the electronic Trail do you have your screenshots from your payments sir [Music] was that I was actually speaking to Mr Crow I was looking at him you were looking down but do you have um your receipts for your payment s assertion um that's all seven so my question is okay so I guess I didn't understand everything that he said or I didn't hear maybe a part of what he said is it 700 per month as opposed to the 750 oh yeah all right is the 700 what is old is it one month or two months okay I'm sorry that's what I thought I heard I thought he meant he only owed one month okay so it's for 700 so then that takes the balance um so it will be fourteen hundred dollars that's for two months of rent plus 55 and court costs and thirty five dollars for the Baylor fee that takes this to one thousand four hundred and ninety dollars [Music] that's on you sir so this is what I'm going to tell you um I'm going to give you a certain amount of time to either pay the amount or get out of the house okay um now I'm asking you before I enter the Judgment how much time do you need to get that money or move out okay you said you wanted to applying I'll give you 21 days sir yes communication um [Music] so just for the record there's a summons a complaint for non-payment of rent and the file as well as the demand for possession for non-payment of rent that was issued to Mr Crowell at on Helen Street on June 3rd 2023 by electronic service to the person in possession who consented in writing to such service at an email address and I'm not going to place on the record uh there's also did you get you didn't give him consent for that did he uh give you consent to serve him with the demand for possession by email do you have that I need to see it what right I do not have it anyway the closest I have is okay bro just a heads up I sent you that thing thanks man that makes the requirements of consent that thing wait we're back on the record I'm sorry you you caught all that okay thank you madam Uber reporter oh my goodness gracious okay you sent it by email though when did you mail it sir [Music] did you receive it in the mail sir you don't know huh yeah well maybe you better start remembering okay I'm I'm finding that the notice was sufficient um so um there's a lease agreement in the file I I note that I note defendant assertion that the lease agreement does not apply for this situation because it is under California law there is something here in the um and the lease agreement that talks about California law there are several references uh in the lease agreement to California law this is a quartz of Michigan this is this this is the 36th District Court for the state of Michigan so we interpret Michigan law here however there is a tendency that was created um the defendant does not object or deny that he lives at the home and that I think he said that the rent was supposed to be 700 a month so okay all right sir and I I note that and I asked you to give me you know tell me how you were scammed and I think you just said because the the contract said something about California law under California law in actually you know renting the tendency to right and he's not in compliance with Michigan law when it comes to the certificate of compliance but the city ordinance also requires you to do some things and I've asked you several times if you paid rent into escrow and you're not responding and um the plaintiff has indicated that he you did not tell him that you were paying rent into escrow and so for you to assert this defense you there's some um conditions that you must abide by as well in order to assert that defense and so I am issuing the judgment um I'm going to um do a judgment by hearing sir you have 10 days to either pay the 1490 or vacate the premises if you do not either pay 1 490 or move out by August 4th 2023 the plaintiff can come to court and ask for an eviction writ once the court signs off on the eviction route that gives the plaintiff the authority to send a bailiff out to the property with the dumpster to set your personal belongings into the street okay [Music] in order to avoid that you need to pay the amount stated on the record the 1490 or move by August 4th that is the Judgment of this court sir you have until August 4th to appeal this judgment do you have a judgment a proposed judgment Mr Swarovski I didn't hear the last part so I find it there oh no I said do you have a proposed judgment do you have the actual document that because I issued the Judgment but you have to bring me the judgment to sign off on oh no okay so you can get that from the second floor if you can go get it and bring it back within the next at least 15 minutes then I will sign off on it today sir you can either wait on Mr Swarovski to bring the Judgment back for me to sign off on it or you can receive it in the mail that's the Judgment of the Court you have 10 days to appeal that concludes this matter thank you you sure can well I wanted to put it in the file you don't want it to be in the court file foreign copy but I'll give it back to you if that's what you're requesting okay have a good day thank you six eight nine nine two and so there you have it it all worked out in the end and thanks for hanging out with us in fact your prods make sure you hit the Thumbs Up Button you're subscribed and ring that Bell and also leave a comment let me know what you think and the huge thanks to our channel members Harvard Morley and the Chris killing Drew B got us a true people like a mole shuffle for TW 1960 butcher bird patch cats and West Side girl reacts for those of you that have made it this far thank you I appreciate it hit the Thumbs Up Button subscribe and leave a comment in the comment section I'll see you soon