DIRECT EXAMINATION OF L. SMITH Q: Ms. Smith, please introduce yourself to the jury. A: Q: Where do you live?

A: Q: Are you married? A: Q: Do you have any children? A: [Yes] Q: Can you tell us their names and ages? A: [Bruce- 13, Bradley-10, Brian- 8] Q: Do you work outside of the home? A: [Yes, at ________.] Q: How long have you worked there? A: Q: Where is your job located? A: Q: Ms. Smith, what does your job at the business entail? A: Q: When and what times do you usually work? A: [I work the swing shift, 5 days a week. Thats from 4 PM- Midnight] Q: Does anyone take care of your children while you work? A: [Yes, J. May. She babysits the kids 5 nights a week, Sunday through Thursday, from 5-9 PM] Q: How long has she worked for you? A: [Since January of this year] Q: Do you know the plaintiff here today, L. Martin? A: Q: How do you know Ms. Martin? A: Q: How long have you known each other? Q: Now lets get to the issue in this case. When did you first go to look at the apartment owned by Ms. Martin? A: [February 27, 20XX-1] Q: And since you clearly decided to purchase the house, did you make a rental agreement with Ms. Martin? A: [Yes] Q: How was that agreement made? A: [Oral]

Q: What were the terms? A: [Month to month lease, $1100 per month] Q: And when did you make and Ms. Martin make that agreement? A: [March 1, 20XX-1] Q: When did you finally move into the house? A: [Same day, March 1, 20XX-1] Q: Can you tell me about the conditions of the house when you moved in? A: [No air conditioner, ..] Q: Did you notify Ms. Martin about your issues? A: [Yes] Q: And what was her response? A: Q: How is the condition of the house now? A: [Awful.. broken window, electrical problems, etc.] Q: And were those damages caused by anyone in your household? A: [yes, some but these certain ones were not] Q: Have you told Ms. Martin about those problems as well? A: [Yes] Q: And what did she/has she done to correct them? A: [Nothing] Q: Tell me what happened on July 1, 20XX A: [I sent letter to Ms. Martin] Q: Would you recognize that letter if I showed it to you today? A: Q: Your Honor, please mark this document Ds Exhibit #1 for Identification. A: Q: May the record reflect that I am now showing Ds Exhibit #1 to opposing counsel. A: Q: Your Honor, may I approach the witness? A: Q: Ms. Smith, I am now handing you Defendants Exhibit #1. Have you seen this document before? Does this letter appear to be the same one you wrote to Ms. Martin? A: Q: Is this your signature here? A: Q: Your Honor, at this time we offer Defendants Exhibit #1 into evidence A:

Q: Ms. Smith, can you read that letter to the jury? A: Q: And what happened after you sent the letter?? A: [Two days later, on July 3, 20XX, I received a letter from Ms. Martin asking me to pay the rent] Q: And then? A: [I didnt pay. I then contacted The Tenants Rights Organization, who informed me that I was entitled to withhold rent until repairs were made to improve the living conditions. I also contacted Bloom County Department of Health Services] Q: And what did they do? A: [inspection of the premises, found violations] Q: Now, has Ms. Martin made any attempts to make those repairs, and/or have any repairs been completed? A: [talks about plumber and why she wouldnt let him in; also talks about plumber she had to hire and was forced to pay; no other repairs taken care of] Q: So those poor conditions still exist to this day? A: [Yes take steps to introduce the photos as exhibits of poor conditions] Q: Can you tell us what happened on August 3, 20XX? A: [served with 3 day notice] Q: And what did you do? A: [didnt pay and didnt leave] Q: Why not? A: [Because I want repairs done] Q: Thank you, no further questions

CROSS EXAMINATION OF L. MARTIN Q: Ms. Martin, you stated that Ms. Smiths monthly rent for the apartment is $1100/month is that correct? A: Q: And you also stated that you only charge her $1100/month even though the rental value of the property is substantially greater than that, right? A: Q: But you only charged your previous tenant, Marlene Watkins, $800/month for rent, is that correct? A: Q: And Ms. Smith moved in immediate after Ms. Watkins vacated the apartment right? A: Q: Ms. Martin you stated that the apartment was in lawful condition at the time Ms. Smith moved in, is that correct? A: Q: Do you recall Ms. Smith requesting an AC when she moved into the apartment? A: Q: And you promised her that you would install the AC, correct? A: Q: But you have never installed the AC? A: Q: Ms. Smith has also notified you about other problems she has with the apartment right? A: Q: And shes notified you more than once, correct? A: Q: Now Ms. Martin, you stated you received Ms. Smiths letter on ___________ (sometime around/immediately after July 1, 20XX), is that correct? A: Q: And you responded to that letter on July 3, 20XX, correct? A: Q: And in that letter you told Ms. Smith that she should stay away from the Tenants Rights Organization, that you would make some repairs, and that she should pay the rent because you needed the money? A: [if she doesnt remember any of this, can refresh recollection] Q: In late July, I believe July 30, 20XX, you received a notice in the mail from Bloom County Department of Health Services, right? A: Q: And that notice stated there were several Code violations on the premises and that you, as the landlord, were required to make certain repairs within 30 days, correct? A:

Q: And what were those repairs? A: [if doesnt remember, can refresh recollection using no tice] Q: You did not make any of those repairs, correct? A:[*NOTE: if she happens to claim she did, can possibly impeach her testimony by showing records in Exhibit C, and/or Answers to Interrogatories] *If she responds that she attempted to make repairs, then ask the following questions: Q: What repairs to you attempt to make? A: [plumbing] Q: Plumbing wasnt the only repair you were required to make though, right? A: Q: And isnt it true that the plumber you sent to Ms. Smiths apartment is your cousin? A: Q: And your cousin is not employed in the business of plumbing, correct? A: Q: And therefore, he does not have any proper identification? Q: And instead, you personally served Ms. Smith with a 3-day notice to quit on August 3, 20XX, right? A: Q: And you stated that you sent the notice to quit because Ms. Smith did not pay rent for July or August, correct? A: Q: Now, is Ms. Smith required to pay rent by a certain date each month? A: Q: In that past, you have accepted Ms. Smiths rent payment as early as the 1st of the month, and as late as the 25th of the month, correct? A: Q: But this is the first eviction notice that you have sent to Ms. Smith, isnt it? A: Q: And just to clarify, that 3-day notice was sent subsequent to the letter you received from Bloom County Department of Health Services, correct? A: Q: Thank you, no further questions.