What evidence does a landlord need to present in court to show tenant has not paid rent?

Question

I am preparing to sue a tenant in small claims court for nonpayment of rent and evict the tenant. Tenant has not paid rent for three months. What evidence would I need to present to the magistrate to demonstrate that tenant has not paid? I can't bring cancelled checks to show she hasn't paid, so what can I use to prove my point? Thanks for your help!

Answer 1

you dont have to show any proof . It can help that you bring a bank statement to which you deposit your rent checks to. However, the burden is on her to provide the proof that she did pay the rent (via cancelled checks or a receipts received from you).

Edit: For Larry,

its obvious that you haven't rented before. a landlord doesn't send a bill every month for rent. Its known by signing a lease, that the renter must pay their rent by a certain date or be sued or penalized for being late.

If the original poster has a copy of the lease, that is all that is needed to prove his case.

I also sugges to the original poster to start an eviction notice, for non-payment as well (remember you have to give them 30 days to be evicted)

Answer 2

All you need do is testify: that you had a lease for $____ payable on the ___ day of each month & Ms _______ has not paid the rent due on : (dates) ___________________ If the lease is written, bring a copy & offer it to the judge to be placed in the court file; ie. "in evidence." Then if some sort of prior notice was required; produce a copy & state that you served (or posted or whatever is required by your local laws) the original on (date) & the tenant did not leave & still hasn't paid.

Then the burden shifts to the tenant to prove she paid; if that is her contention, or that she didn't get the notice, or whatever excuse she has if any. 90% of the time they default & don't show up & you have to get a writ of eviction (or possession) from the court clerk. Then you follow the directions to get it delivered to the Sheriff.

If they pay up you can terminate the eviction at any time, but in most states if you accept even a partial payment you'll have to start the whole thing all over again; so make sure any arrearage is paid up in full in cash or bank check.

Answer 3

You can't show evidence of a negative. You will swear a statement that the rent was not paid, and may have to repeat that on oath in court. The tenant will need to show cancelled checks, receipts or other proof that they paid.

Law is based on 'reasonableness'. It's reasonable to assume that IF the rent had been paid, the tenant would have proof.

Answer 4

The burden of proof lies with the defendant
they must show proof that they HAVE paid the rent --- such as a canceled check---written receipt or the like !!!

Answer 5

Of course being professional you have sent them a bill for each of the months right? Thats dated, with the specific address listed correct?

And of course you have sent them a registered letter, outlineing that if they do not pay then you will evict them for none payment right?

You have of course paid the extra 45 dollars or whatever the current amount is to have the document delivered by a Process Server right?

and you have talked to the local police department who will have to force the eviction for the documentation they need, right?

Answer 6

they have to just say it the only way they can be proved wrong is if the tenant has recipts of payments

Answer 7

i think the tenant would be the one that needed to show proof they paid if accused ....

Answer 8

I am able to do all things through him who sent me. If it is my property, I don't need proof.

Answer 9

wrong
he has to prove he paid
you don't have to prove he didn't