Bethel Villas 2009 Assocs. LP v. Berry-Mills

BETHEL VILLAS 2009 ASSOCIATES LP Plaintiff Below, Appellant v. RAYIANA BERRY-MILLS Defendant Below, Appellee

C.A. No. JP13-18-011684

JUSTICE OF THE PEACE COURT OF THE STATE OF DELAWARE IN AND FOR NEW CASTLE COUNTY COURT NO. 13

Submitted: February 6, 2019

March 13, 2019

TRIAL DE NOVO

APPEARANCES:

Plaintiff, represented by David C. Zerbato, Esq.

Defendant, Pro Se

Sean McCormick, Deputy Chief Magistrate

Peter Burcat, Justice of the Peace

Christopher Portante, Justice of the Peace

ORDER ON TRIAL DE NOVO

The Court has entered a judgment or order in the following form:

Procedural Background

The Plaintiff, Landlord Bethel Villas 2009 Associates, LP ("Bethel Villas 2009"), represented by David C. Zerbato, Esq., filed Civil Action No. JP13-18-011684, on October 5, 2018, in Justice of the Peace Court 13. Bethel Villas 2009 sought possession of a rental property occupied by Defendant herein, Rayiana Berry-Mills ("Ms. Berry-Mills"), based upon alleged rules violations by Ms. Berry-Mills.

A trial, before a single Judge, was conducted below on December 4, 2018. On December 11, 2018, an Order was signed finding in favor of Defendant Berry-Mills, and Ordering possession to remain with Ms. Berry-Mills. On December 12, 2018, Bethel Villas 2009, by and through Mr. Zerbato, filed an appeal for a Trial de Novo ("TDN"). On December 12, 2018, the request for a TDN was granted.

On December 20, 2018, the Court scheduled a TDN for January 14, 2019. On January 3, 2019, Mr. Zerbato requested a continuance due to unavailability of an indispensable witness. As possession remained with Ms. Berry-Mills, it was determined there would not be any prejudice to Ms. Berry-Mills from granting the request for a continuance. The TDN was re-scheduled for February 6, 2019, before a three-judge panel consisting of Deputy Chief Magistrate Sean McCormick, Justice of the Peace Peter Burcat, and Justice of the Peace Christopher Portante. On February 6, 2019, Plaintiff/Appellant Bethel Villas 2009 appeared, represented by David C. Zerbato, Esq., and Defendant/Appellee Ms. Berry-Mills appeared Pro Se.

Facts

Plaintiff/Appellant is the Landlord for a rental property commonly known as 403 E. 4^th Street, Apt. C2, Wilmington, Delaware 19801. Defendant/Appellee is the tenant for the said rental property. The Parties entered into a signed subsidized Lease Agreement for the rental property. The term of the Lease was July 20, 2018 through July 19, 2019. Included with the Lease were "House Rules and Regulations" and a "Bethel Villa Apartments Lease Addendum for Drug-Free Housing." Both additional documents were signed on behalf of Bethel Villas 2009, and signed by Ms. Berry-Mills. The Lease Agreement included the following language: "The Tenant understands that this monthly rent is less than the market (unsubsidized) rent due on this unit. This lower rent is available either because the mortgage on this project is subsidized by the Department of Housing and Urban Development (HUD) and/or because HUD makes monthly payments to the Landlord on behalf of the Tenant." Plaintiff/Appellant has contended it is important to note HUD's involvement in the lease, as the Court should be applyingFederal standards provided by the Code of Federal Regulations when considering the terms and conditions of the Lease Agreement herein.

Bethel Villas 2009 has alleged that Ms. Berry-Mills' conduct caused, or threaten to cause, irreparable harm to other tenants and/or the community and/or threatened the "health, safety or right of peaceful enjoyment of the premises by other residents." Bethel Villas 2009 contended that on or about September 2, 2018, Ms. Berry-Mills' sister, and other Ms. Berry-Mills guests, engaged in a physical and verbal altercation with a resident of Bethel Villas 2009. Bethel Villas 2009 further contended the altercation was captured on video and the Wilmington Police responded to the rental complex. Based upon the contentions of the Landlord of a breach of Tenant's Rental Agreement, the Rules and Regulations, and the Delaware Landlord Tenant Code, on October 2, 2018, the Landlord (Bethel Villas 2009) sent Ms. Berry-Mills a Notice to vacate the rental property and return possession of the rental property to the Landlord. Ms. Berry-Mills did not vacate the rental property nor return possession of the rental property to the Landlord. As such, Plaintiff/Appellant filed their Action for Possession.

At the TDN on February 6, 2019, both Parties made opening statements. Thereafter, Plaintiff/Appellant called Dolores Martin as their first witness. Ms. Martin testified she was the property manager for the Bethel Villas 2009 rental complex. Her responsibilities included lease signings, rent collection, and enforcing the terms and conditions of the leases for the property. Ms. Martin testified she was familiar with Defendant/Appellee Ms. Berry-Mills. Plaintiff/Appellant Bethel Villas 2009 had a document marked as Plaintiff/Appellant Bethel Villas 2009's "Exhibit P-1," identified as the Lease Agreement signed by Ms. Berry-Mills. P-1 was introduced into evidence without objection. Ms. Martin testified Ms. Berry-Mills signed the lease on July 20, 2018, for a lease term through July 19, 2019, and that Ms. Berry-Mills did not have any questions when the lease was signed. Ms. Martin further testified that on September 3, 2018, she learned about a fight that had occurred on the property on September 2, 2018. Ms. Martin reviewed videos from September 2, 2018 from cameras around the rental complex, and communicated with her regional manager regarding the fight and the videos. Plaintiff/Appellant Bethel Villas 2009 had a document marked as Plaintiff/Appellant Bethel Villas 2009's "Exhibit P-2," identified as a "Notice of Immediate Termination" dated October 2, 2018. Ms. Martin testified she received P-2 from Plaintiff/Appellant Bethel Villas 2009's attorney, and thereafter mailed the letter to Ms. Berry-Mills. In addition, Ms. Martin testified she posted a copy of P-2 on Ms. Berry-Mills' apartment door. Ms. Martin stated Ms. Berry-Mills did not vacate the rental property as instructed. P-2 was introduced into evidence without objection. Plaintiff/Appellant Bethel Villas 2009 had a thumb drive marked as Plaintiff/Appellant Bethel Villas 2009's "Exhibit P-3," identified as copies of the videos of the inside and outside of buildings in the rental complex, including the building where Ms. Berry-Mills resided. P-3 was introduced into evidence without objection. The TDN panel and Parties watched the video. Ms. Martin concluded her testimony by stating the police were called to the scene on September 2, 2018, but no charges were filed against any individuals.

On cross-examination, Ms. Martin stated the fight on September 2, 2018 appeared to be a mutual fight amongst the participants.

Plaintiff/Appellant Bethel Villas 2009's next witness was Cherrell Clark. Ms. Clark testified she lived in the same building as Ms. Berry-Mills. Ms. Clark stated on September 2, 2018, she was walking with her friends back to her apartment building. As Ms. Berry-Mills' sister and friends were coming out of the apartment building, Ms. Berry-Mills' sister made a statement to Ms. Clark. Ms. Clark testified she "went up to Ms. Berry-Mills' sister and asked why she was making comments." At that point, a guy named "Bruce" came up to Ms. Clark. Ms. Clark stated she told Bruce to mind his own business, but rather than back off, Bruce struck Ms. Clark in the face and everyone started fighting. Ms. Clarkconcluded her testimony by stating she went back to her apartment and Bruce and other individuals were banging and kicking on Ms. Clark's door.

On cross-examination, Ms. Clark admitted there were on-going problems with herself and Ms. Berry-Mills.

Plaintiff rested.

Defendant/Appellee Ms. Berry-Mills did not make any motions, and called herself as her first witness. Ms. Berry-Mills testified she was not present outside of her apartment and therefore did not have control over her sister or Ms. Berry-Mills' guests outside her apartment building. Ms. Berry-Mills stated the video presented by Plaintiff/Appellant Bethel Villas 2009, P-3, did not show her sister attacking Ms. Clark. When Ms. Berry-Mills became aware there was a disturbance outside of her building, she tried to separate the participants. Ms. Berry-Mills further testified she called her mother to come to the scene as her mother was a friend of Ms. Clark's, and Ms. Berry-Mills was hopeful her mother could calm down Ms. Clark. Ms. Berry-Mills denied she had any conflicts with Ms. Clark, and she noted there had not been any other complaints against Ms. Berry-Mills.

On cross-examination, Ms. Berry-Mills testified Bruce was her sister's friend and that he was in fact at her apartment on September 2, 2018. Ms. Berry-Mills stated her sister and friends had plans to go to the East Side Day events located near her apartment. She further stated she was aware Ms. Clark and Ms. Clark's friends were returning from the East Side Day events that day. Ms. Berry-Mills re-confirmed that she had no control over her friends after they left her apartment. Ms. Berry-Mills stated that when she became aware of the altercation outside, she did everything she could to break up the altercation. Ms. Berry-Mills denied Bruce and others were kicking Ms. Clark's door or were threatening Ms. Clark. On re-direct, Ms. Berry-Mills noted there was no camera view of Ms. Clark's door. The Court noted there were no audio recordings associated with P-3. Ms. Berry-Mills again stated she had no other problems or complaints at the rental property.

Ms. Berry-Mills' next witness was her mother, Bridget Waters. Ms. Waters confirmed she had known Ms. Clark for years as they had grown up together. Upon her arrival at Ms. Berry-Mills' rental property, she went downstairs and spoke with Ms. Clark and asked her why she was causing problems. Ms. Waters described Ms. Clark as "hooping and hollering," and that she made a derogatory...