rent overcharge paid amounts to $2,057.70.
Petitioner's Exhibit 3B is a copy of Petitioner's Reply to Answer. Exhibit 4 to
Petitioner's Reply to Answer includes an email string beginning August 19, 2023, 7:59
PM from Petitioner to Respondent King concerning the damage caused on August 16,
2023 by the leak from Apartment 3N. In that email Petitioner states that "As indicated in
our lease agreement, Landlord is not liable for damages, loss, or expenses to any person
or property, unless due to Landlord's negligence. You may contact Tenants 3N." Another
email at 9:03 PM from Petitioner instructs Respondent to coordinate the repairs with the
3N tenants "Since I will not be involved in this repair, make sure 3N repair person
completes this task properly." In response, Respondent King informed Petitioner that "we
are not responsible for making sure this repair is done properly." Petitioner's Exhibit 7 is
an email string that starts on September 19, 2023 at 8:45 PM, in which Respondents
inform Petitioner that the ceiling has not been repaired, and as a result, because the
bedroom is uninhabitable, Respondents have been sleeping on the floor of the living
room. "You [*3]have made no attempts at repairing the
damages therefore we will not be paying the full month's rent for September."
Respondents offered to withhold 35% of the rent for September and 17.5% for the
half-month of August. In response, on September 20, 2023, at 8:31 AM, Respondent
stated "This is a violation of the lease agreement. It clearly stated monthly rent must be
paid in full without deductions. Rent cannot be withheld due to repairs."
Respondent placed in evidence photographs showing the extent of the damage to the
bedroom ceiling. They also placed in evidence and played in court a video taken in