Page 40 of Honorable Convictions
“Your Honor, Mr. Loire is an aqua mage and requires water to sustain life. He was led to believe that his lease included access to the nearby Potomac River, but it’s not even within walking distance.”
“JK Brooks, can you explain the lack of access to the Potomac River?” Judge Marbendill asked.
“Of course, Your Honor. I supplied the actual text of the listing in my countersuit against Mr. Loire on behalf of Mr. Mexicanum. It would be remiss of me to point out that it wasn’t written by my client, nor did he approve it, since he has only recently come into an inheritance that included the property in question. There is a line in there that mentions the nearby Potomac River which was included by the real estate agent along with other sights close to the condominium. It should also be noted that aqua mages are afforded no special provisions, including access to water in any existing tenant law.”
“Your Honor, shifters like yourself and Mr. Mexicanum are granted special consideration under the law which states that you’re free to leave any lease should there not be access to both land and water. It is not difficult to understand that an aqua mage should also be permitted to terminate any contract on a residence that doesn’t cater to their needs,” Pierson argued.
“JK Murphy, I am a merman, and Mr. Mexicanum is an axolotl; we require both land and sea because our very existence depends on it—that’s why our Council passed laws to protect us. The Magus Superus, either current or historical, has not introduced a single piece of legislation which argues that aqua mages need the same. There is zero precedent of current shifter laws being applied to any magickind, and I do not intend to set one.”
“Your Honor, I respect your decision to not start a new precedent, but even if you put aside that law, the listing for the condominium was misleading at best. Mr. Loire is not a native to the Washington DC area and couldn’t have known from the address that it wasn’t within walking distance to a major body of water.”
“Mr. Loire can teleport, JK Murphy, and I’ve read the listing. It has attractions at the end as many such advertisements do. Surely you aren’t suggesting that Mr. Loire should also be within walking distance to every point of interest in DC, are you?”
“Of course not, Your Honor.”
“Let’s discuss the large deposit that Mr. Loire paid upon taking the residence,” Judge Marbendill said. “Three months’ rent is a steep deposit, and I’d like to know the reasoning behind such a large transfer of money. Normally these monies are provided in case of damages or if the vacated apartment is unclean. Given the size of this property, it doesn’t seem possible that such an amount is anywhere close to what might be required to get it into a leasable state again.”
“Your Honor, as I stated before, Mr. Mexicanum has recently acquired this property. His uncle died three months ago, and he bequeathed a great deal to my client. We’re still going through the management of each one, and it was news to us that such a deposit was required or made. We did find the transaction in one of Mr. Mexicanum’s uncle’s accounts, so we are not disputing that Mr. Loire paid it. We’ve already amended new listings to require two months’ rent at most.”
“Mr. Mexicanum, my condolences on your recent loss. Did you and your uncle ever speak about these properties?” Judge Marbendill asked directly.
Diego cleared his throat loudly. “No, Your Honor. I didn’t know him well and was shocked to find that I inherited anything, let alone his entire estate.”
“It states in your file that he was granted custody of you at the age of seven, Mr. Mexicanum. There is nothing here to suggest that you were transferred to another home.”
“Uh…no, Your Honor. I lived with my uncle from age seven to eighteen. I left to attend college. That was a couple of years ago; I’ve only recently graduated. My uncle wasn’t around much. I had a nanny and she saw to my care.”
“Very well, let’s move on to the real issue at hand. JK Murphy, Mr. Loire clearly made no payments to either Mr. Mexicanum after he moved into the property in question. While the deposit is what I consider overly large, he didn’t balk at signing the lease. By doing so, he obligated himself to abide by it.”
“Your Honor, Mr. Loire did sign it after making the large payment. It was before he moved in and after he located the property that he realized it lacked access to water. He made that complaint known to the now deceased Mr. Luis Mexicanum in writing within three days of arrival. Mr. Loire received no reply. To date, the issue hasn’t been addressed.”
“Nor will it be, JK Murphy, but I appreciate your tenacity in bringing it up again,” Judge Marbendill stated, his annoyed expression displaying quite the opposite. “When was the first eviction notice sent?”
“After three months of failure to pay any rent, Your Honor,” Mitchell supplied. “The letter stated that Mr. Loire could negotiate to stay at the residence if he paid any or all of his outstanding balance. He responded by paying one half of the total amount due. The next month came and went without the rent being paid again, so a second eviction notice was sent. Mr. Mexicanum used his uncle’s formatted letter once again agreeing to allow Mr. Loire to remain if he sent in any money. Mr. Loire failed to respond. The eviction order was attached to his door as well as mailed to him. Mr. Mexicanum was lenient and gave him thirty days to vacate. The fallen knights were contacted by Mr. Loire to argue that he was misled by the initial ad, which I must point out is rather irrelevant, given he’s spent six months there, and the real issue is that he’s paid for a mere month and a half of what he owes.”
“Let’s not negate the large deposit,” Judge Marbendill cautioned. “JK Murphy, is it your client’s intention to find a way to stay at the residence?”
Mitchell wanted to slap the mage who yanked on Pierson’s uniform sleeve to get his attention. Speaking in low tones to Mitchell’s mate, the anger was visible on his flushed face. The frozen mask Pierson used to hide his emotions slid into place, and Mitchell didn’t have to guess that he wasn’t liking whatever Mr. Loire was telling him. If Pierson were in Vegas, he would never have been handed a case where his talents were wasted like this one. Mr. Loire had no legal leg to stand on—he was simply a man who had no intention of paying his rent.
“I don’t have all day, JK Murphy.”
Pierson smoothed a hand down his arm, effectively separating himself from Mr. Loire. “My apologies, Your Honor. Mr. Loire has experienced difficulty in finding an alternative dwelling given the high price of real estate in the DC metro area. It would be ideal for him to remain at his current residence until new housing can be attained.”
“Your Honor, Mr. Loire has made it clear he has no wish to supply Mr. Mexicanum with the rent money owed to him in a judicious manner. It is Mr. Mexicanum’s wish that Mr. Loire vacate immediately,” Mitchell stated.
“Mr. Loire, I cannot simply allow you to live somewhere without offering payment to the condo’s owner. Are you prepared to take care of the rent you owe Mr. Mexicanum?”
“Your Honor, I can’t afford it. I used my entire savings to pay the deposit. I’ve been looking for work but so far, I haven’t found anything. I would be homeless if I had to move out.”
“From what I can see, Mr. Loire, Mr. Luis Mexicanum shouldn’t have leased you anything if you lacked sufficient employment. Since I am unable to ask him about that decision, I have to fall back upon what the law demands and what is considered fair.”
“Your Honor, Mr. Mexicanum would like to offer a compromise if I might be permitted to suggest it.”
“By all means, JK Brooks,” Judge Marbendill stated.
“Mr. Mexicanum is willing to forgive any owed debt if Mr. Loire will vacate the premises within the next ten days to allow him to lease it to someone else at the start of the month, Your Honor.”
“I find that deal acceptable. Mr. Loire, I will contact your leader and secure a spot for you at the nearest mage sanctuary to ensure that you don’t wind up on the street. Have a good day,” Judge Marbendill remarked and, with a graceful swirl, got out of his chair and marched out of the room.
