Legally how long does management have to request payment of rent if rent recieved was the wrong amount?

Question

Back in 2004 my rent was only 8.00 because I live in section 8 and I was not employed for the first few months, I made a money order for the rent and management picked it up, since then management has changed managers at least twice, this new one calls me and says that two yrs ago I made the rent for the wrong amount that I made the money order for only $3.89 but I don't know why I would make it out for only that amount! And now I must pay the late fees and difference from two yrs ago, but she claims she doesnt have receipts to show me because according to her... "Management is not responsible for keeping reciepts and I don't have copies" she says I should have copies of the money order but that one along with another was stolen with my purse shortly after I left the currency exchange that day? I think the burden of proof lies on her since she is the one claiming, she should be able to sustain her claim by providing me proof! Am I right? Please help, I was given a 5- day notice!

Please send me more answers I need all the advice I can get!!!

Answer 1

All the postings are quite right...Moreover, DO NOT be intimidated by the 5 Day Notice - that just starts the legal eviction clock.....If I were you, I would look forward to the hearing date and prepare yourself to state your case, which is basically, "is she kidding me???!!!"

Judges hate landlords; if the judge determines that she is harassing you and attempted to evict illegally or w/out cause....Judge will gleefully award you "double damages" - meaning the landlord gets to pay you some money."

Go exercise your tenant rights.......No one can be expected to hold receipts for two years in a rental scenario.....My guess is she's trying to get you out, because she wants to up the rent and perhaps get rid of the section 8 tenants.....

However, you CANNOT ignore the 5 Day Notice- you should respond in writing that you WILL NOT pay any money and state why.....and send it certified.....keep the receipt and copy of the letter to show the judge that you didn't ignore the Notice.

If you ignore everything - the landlord could win by default. Even though, the landlord is way out of line - you must respond to support your case....

Answer 2

Legally she should show you proof you didn't pay the correct amount. It should show in their books. You need to contact whoever she is working for and let them know what is going on asap. Maybe she's trying to make extra money on the side. Also to evict you she has to go thru court proceedings.

Answer 3

If they have no written proof that you paid that amount how can they hold you accountable? Call and speak to a lawyer, there is no charge just to talk to one. Good luck and God bless!

Answer 4

you are absolutely correct.

What's she going to do, stand in front of a judge and say "it is not my responsibility to know who owes what when"?

You cannot be legally awarded a past debt without evidence that debt actaully exists. I can walk in front of a judge right now and say that you owe me $50.000.00, but without evidence of this, what judge in his right mind would make you pay?

If she cannot produce some kind of statement stating your outstanding balance, then how can you be expected to pay it? Ask the landlord for that $50.00 she owes you, and when she asks "what $50.00?", say "it's not my responsibility to keep track of what you owe me from when and why, pay me!" :)

Answer 5

Yikes. Why don't you go to the link our research dept is listing below and look it up from the department that supports your state's program maybe the answer is there.
http://www.hud.gov/offices/pih/programs/hcv/
Buena Suerte

Answer 6

I would talk to someone in corporate .... they have the burden of proof.

Answer 7

she DOES have to prove it......
Tell her to prove it, or stop calling !!!