I had paid my landlord my rent with a money order for the month of June. On the 19th I received a receipt from him saying he was in receipt of my money order. Then two days later I received a notice that I didnt pay rent and that I would face legal action if I didnt pay. I asked the landlord about the issue and he said he made a mistake and the receipt was for a neighbor (despite the fact it had my name and address printed on the company letterhead. Now I am going to court for it and facing eviction for non payment. My question is can my landlord prevail in the eviction if he declares on his own company letterhead he was in receipt of my rent? Everything so far I have seen points to no but I just wanted to get feedback about the issue from anyone who has had this happen to them before. Thanks for the advice!!
2007-07-02 10:15:00 · 10 answers · asked by Derek T 1 in Business & Finance ➔ Renting & Real Estate
With a western Union Money order you can get a photo copy of the endorsement showing who cashed it. That would prove that your landlord received it and cashed it.
If they never cashed it then you have a weak case.
Even if they were in receipt of a money order there are several circumstances that would lead to non-payment of rent. (The money order could have been forged for instance).
2007-07-02 10:26:53 · answer #1 · answered by glenn 7 · 0⤊ 0⤋
An eviction can happen for reasons other then not paying rent. Violating the rental or lease agreement. Any clause in it. Also, if you were given a 30 or 60 day notice to vacate, that isn't necessarily an eviction, it's a notice to vacate by a specific date. If youd on't comply, then you get the eviction notice and the eviction process gets started. I would ask the landlord why they are evicting you, though it should be stated on the notice. If it's a lease agreement violation, you usually have a specific number of days to rectify the situation.
2016-05-21 04:38:49 · answer #2 · answered by ? 3 · 0⤊ 0⤋
Keep all your receipts and your Money order copy...
You can also trace your money order, just go back where the Money Order was purchased, and asked to trace it...
When court comes around you will have all copies ready for your presentation....
Also Note on documentation: Dates and time spoken with landlord.... How many delinquency you had in the past... How long you have resided at you residence..... How many complaints have been filed against you...
You can also call the city in which you reside in for legal advice. If you can provide proof I am pretty sure they will help...
Good Luck!
Before pursuing anything, remind your landlord- Maybe he is confusing you with your neighbor!
At times we get caught up with the moment and tend to forget who we are dealing with....
It happens to everyone.....
2007-07-02 10:29:46 · answer #3 · answered by Life's a Challenge 2 · 1⤊ 0⤋
Make sure you have copies of the signed reciept and go back and see if the money order has gone through. With proof of payment your landlord cannot evict you. But, he can still take you to court. Just show your evidence. Good Luck!!
2007-07-02 10:23:05 · answer #4 · answered by serendipity_siren 5 · 0⤊ 0⤋
Is that the only month that was due? It sounds like you have pretty good evidence. I am guessing that you are in JP court. Go to the court and ask them what you need to do to discover the name of his bank manager for his commercial account and subpoena the manager and the records of his deposits that way you could prove that he deposited the money order.
2007-07-02 10:44:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
just make sure u have the receipt for the time in quesiton to prove that u did pay the rent.
2007-07-02 10:28:14 · answer #6 · answered by Anonymous · 0⤊ 0⤋
The question will be whether the money order cleared or not. You are going to need to prove it. If he is saying he never deposited the money order, all you need to do is go to the place you got it and see if it was processed.
If it was, he signed it. That is your proof.
2007-07-02 10:19:37 · answer #7 · answered by moondrop000 5 · 0⤊ 0⤋
Keep copies of all the receipts. Hopefully you will have a leg to stand on...
2007-07-02 10:19:22 · answer #8 · answered by Naughtynerd 5 · 0⤊ 0⤋
You have a receipt. It is up to him to prove he did not receive it- If it has YOUR NAME and address then he will probably lose- BUT be prepared to move he won't like losing.
2007-07-02 10:23:44 · answer #9 · answered by professorc 7 · 0⤊ 0⤋
its all on whether or not he cashed that money order, anyways you have the receipt, so anyways its a written agreement, so he f'd up is your gains.
2007-07-02 12:08:36 · answer #10 · answered by Anonymous · 0⤊ 1⤋