The Landlord instructed us to drop our rent check through a mail slot in a certain apartment and said the she will pick it up from there. On Nov 1st I dropped my rent check for November in the way instructed. Now she says that I have not paid and that I am in arrears. This check has not come into my account yet. I wrote a letter offering to send another check if she has misplaced it. I think she is trying to evict me as she can give this apartment out at a much higher rental. I think this is dishonesty and a deceptive business practise. What shall I do ? I do not have money to retain a lawyer.
2006-11-28 13:51:20 · 8 answers · asked by donp 6 in Business & Finance ➔ Renting & Real Estate
I am in Los Angeles, CA.
2006-11-29 00:27:45 · update #1
Present her another check - along w/ a prepared receipt for her signature....It's now Nov 29 - that's 28 days of late fees, ouch!!!
You can't prove that you paid and she can't prove that you didn't.
You need to pay her ALL back rent & late fees and so she has no cause to start the eviction process......AND then, you can fight to get your late fees back.
Or pay her Nov rent w/ a certified letter stating why you are not paying the late fees as well......And ask that she acknowledge in writing that you owe or don't owe the fees...You can have the judge settle that dispute too!
Small claims courts are for landlord/tenant disputes....Send a demand letter to her for the return of your late fees w/in 10 business days....On the morning on the 11th Day go to Court and request a hearing date - then serve her via process server and mail
DO ALL this if and only if you can prove your position....A good argument would be if you've paid previous months on time as instructed.
I evicted a tenant w/out lawyers and while intimidating, the process is really tenant friendly....google your state and landlord/tenant laws and find out what your options are.....
Also, in some states, late fees can only be charged if they are "reasonable".....it's not defined in the statutes what "reasonable" is.....other states prohibit late fees if they are not specified in the lease.......FIND OUT - BE an informed tenant.
2006-11-29 02:44:42 · answer #1 · answered by Paula M 5 · 0⤊ 0⤋
Your inability to provide receipts is a bigger problem than the landlords inability to prove that you didn't pay. The courts can not expect the landlord to prove that you didn't (it's not possible). How much is the landlord claiming you haven't paid? Landlord has presumably got no proof of the rent being increased, but she can prove that you should have paid £100 per month from when you moved in to when you moved out. If she sues, you may lose - you'll be able to put your side of the story to the judge, but the balance of evidence is against you.
2016-03-29 14:57:43 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Immediately give her another check to bring you up to date. First time your payment is late is not a reasonable reason to evict. You might also start paying with a certified check from your bank so it lists the payee and the date the check was made out and the funds are guaranteed (taken out of your account). Also pay in person if possible.
2006-11-28 14:02:26 · answer #3 · answered by whowhat? 4 · 0⤊ 0⤋
I would give her another check, but call your bank to put a "stop payment" on the first check number you wrote. This will cost you a few dollars but is worth the piece of mind if someone else has the check and tries to cash it with a forged signature.
Double check your account online or call the bank to see if the check has cleared. If it has, you can ask the bank for a copy of the cleared check (that has her signature) as proof you paid until your bank statement arrives.
2006-11-28 14:01:00 · answer #4 · answered by personalfinancedaily 3 · 0⤊ 0⤋
The easiest thing to do is to just give her another check. She cannot evict you without a lot other things that you have not indicated that she has done. in the future, I would give it to her in person and not leave it somewhere.
As for her "practice", you should report her to the state rental agency if you are concerned about her doing this again.
2006-11-28 13:56:40 · answer #5 · answered by pv845 2 · 1⤊ 0⤋
Do you have a rent receipet saying you payed , talk to your bank find out what happen to your check go to legal aid she may be hideing it
2006-11-29 06:09:54 · answer #6 · answered by pattibcacl 6 · 0⤊ 0⤋
Call your bank and void the other check, and then write a new check. Make sure you give it to her in person and you should be fine. Legally, then, there is nothing she can do.
2006-11-28 14:00:02 · answer #7 · answered by spezlee 3 · 0⤊ 0⤋
THat really is crazy!!! I am soo sorry. You probally should have given your check to the landlord in person!
2006-11-28 13:53:29 · answer #8 · answered by 000123 2 · 0⤊ 0⤋