My landlord told me, several months after the fact, that I failed to pay my September rent. He issued me a receipt showing a missing payment for September, with all other payments complete. I provided him with a copy of my September rent check. He then proceed to tell me that I failed to pay August's rent (keep in mind, I have a receipt from him showing August's rent as paid).
Is there any limit to how much he can harrass me by repeatedly forcing me to show evidence of rent payment, months after the rent was due? Isn't there any obligation on the part of the landlord to maintain his own payment records without continuously forcing his tenants to waste time, energy, and money proving that their payments were made?
Also, does the receipt that I have from him hold up as evidence that I paid that month's rent? Or do I have to go through this process of ordering bank statements every time he can't find my check on file? Also, is there any obligation for him to notify me of a missed payment within a certain amount of time? Or can he, at any time, tell me that I owe rent from several months past and demand the money at that moment? Thanks!
jferrian
01-04-2007, 08:01 PM
the only evidence I have so far is a receipt that the landlord gave me, which he could easily clam was a mistake on his part. am I legally obligated to provide my financial records every time the landlord loses his place in his bookkeeping?? it's ridiculous that I should be required to do that several months after the rent was due. shouldn't the landlord have an obligation to notify you within a certain amount of time if your rent is late? (by the way, this isn't an excuse- I actually have always paid my rent on time- I'm just sick of having to jump through hoops to prove that I did it!)
thanks!
jennifer
Brook
01-04-2007, 11:14 PM
Flexing your muscles will only get you a 30 day notice to vacate in the event that you are a month to month tenant. If you have a 1 yr lease you can expect a non renewal if you decide not to Cooperate. You might consider doing some online banking as getting a copy of your rent check would be a click away.
IrishNodak
01-05-2007, 03:29 AM
the only evidence I have so far is a receipt that the landlord gave me, which he could easily clam was a mistake on his part. am I legally obligated to provide my financial records every time the landlord loses his place in his bookkeeping?? it's ridiculous that I should be required to do that several months after the rent was due. shouldn't the landlord have an obligation to notify you within a certain amount of time if your rent is late? (by the way, this isn't an excuse- I actually have always paid my rent on time- I'm just sick of having to jump through hoops to prove that I did it!)
thanks!
jennifer
As Demartian stated you DO have proof you paid. It's just that you have to get it via your bank when he asks for it. You have a couple options. If you are certain you could back up your proof then the next time he asks simply state that you paid it via check #xxxx on xx date and the amount. Tell him to check his bank. I would do all this in writing. I would also state that in the future you need to be notified within 10 days of the due date if he hasn't received your payment. If he still harasses you, ignore him and let him TRY to evict for non-payment. THEN spend the time and money getting the proof from your bank and take it to court. I would start keeping a record of all this happening...times/dates etc.. just in case.
Option 2: How do you pay? Do you ALWAYS pay by check and do you mail it or hand deliver it to him? I would hand deliver it from now on and get a receipt. Make sure you keep all receipts. The receipts he gives you are VALID proof if he signed them and you have one from EACH & EVERY month. Your canceled check IS proof but you don't need to get a copy each time he says you didn't pay. Is he the owner of your property or a management company?
Are you month to month or under a lease? What does your lease or rental agreement say about the rental payment?
jferrian
01-05-2007, 07:30 AM
I checked my bank statements; and it's clear that I didn't pay with a check. The other possibility is that I wrote a check, and it was never cashed. Also, it's possible that I paid with credit card... you're definitely right; I need to start getting receipts every time I pay my rent.
I had a bit of a shouting match with the manager today.. basically the situation is this: my apartment was taken over by new management between the time I signed my lease and the time I moved in. I must have paid the rent for the first month at the time of the lease signing, but the manager says the previous owners did not maintain all of their records and he has no record of my payment.
Because this was several months ago, I would have to pay to request all of my credit card and bank statements going back to May (I just can't remember how I paid!)... I asked why it should be my responsibility to do his bookkeeping, and well, one thing led to another and I asked him if he was trying to extort money from me. Of course, he didn't think that was very funny... he said the printout that he gave me showing a rent payment for august would not hold up in court (is that true?) because he could deny that it came from him. I guess it's a pretty generic-looking sort of printout...
this guy is a total creepy, crooked moron! Did I also mention that we had water pouring through our kitchen ceiling for a month, despite numerous requests for maintenance? I guess I'm just going to have to hope that I can find the payment record or suck up an extra month's rent... thanks for your input, everybody! (oh, and there's definitely no way in hell I would renew my lease here, and if I could ditch my lease right now and go live with my parents for a few months I definitely would!)
Brook
01-05-2007, 07:44 AM
All you need is the manager’s signature on that receipt, but a record of your cancelled check would be best. I would move, but give proper notice and take plenty of pictures on the way out.
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