However after the court case and after the landlord recieved the papers from the court to proceed with the eviction, he decides to re-enstate the month to month lease. Now the problem is that I wrote the landlord a check and it bounced the first time but 2 days after that my bank runs the check again and it clears but the landlord claims he didn't receive the money and I offered to show him documentation in regards to the check clearing but he still insists that I pay him again or he's going to evict me and I refuse to pay him twice....What are my legal rights in this situation?
2007-07-05 18:39:15 · 5 answers · asked by curious 1 in Business & Finance ➔ Renting & Real Estate
He can't win an eviction if you did pay him the rent for that month. Show him a cancelled copy of the check and where it was taken out of your bank account the 2nd time and not returned. If he is dumb enough to take you to eviction court then show all this to the judge - no way you will be evicted for this assuming you did pay the rent.
2007-07-05 18:46:30 · answer #1 · answered by Slumlord 7 · 3⤊ 0⤋
If the landlord can show the money was taken out of his checking account from a bad check, and you cant show the months on your side, you could be evicted. I hope you keep very and I mean very good records.
Last thing you want is the landlord to say but that was for Febuary not march. You better have all the rest of them backed up.
I would assume you wrote march payment etc. Get a copy of all your checks from the back and show him they have all cleared. At that point he cant do much. Check is irrelevant if you are month to month he can kick you out either way.
2007-07-05 18:52:45 · answer #2 · answered by financing_loans 6 · 0⤊ 0⤋
A different state may be different but here on a month-to-month lease, either you or the landlord must give the other 30 days notice to move. Take a copy of your bank statement that shows the check cleared. and give it to him. Don't forget a picture of the signature on the back of the check. If it isn't him, then someone else cashed the check. Don't argue, just hand him the proof. It would be good to have a good witness with you in case he decides to take you to court. He may just be a bully or he may be tired of dealing with you and your no pay problems. Either way, if he tells you to move, you gotta go. . .
2007-07-05 20:38:42 · answer #3 · answered by towanda 7 · 0⤊ 0⤋
If you are on a month to month rental he can toss you out any time. He still has to give you written notice. go to the bank and get a copy of the check front and rear and show it to him. If he is still giving you static you will know that he is just looking for an excuse to get you out. You can stay the allotted time that you have paid for. But keep the paper work handy in case the Sheriff shows up. BE ready to move. It sounds like it is going to happen. Many communities have a renters hot line. Stop by any real estate office and ask. They will give you the info. Be nice.
Good luck
2007-07-05 18:51:14 · answer #4 · answered by Traveler 7 · 1⤊ 0⤋
Sorry, yet without a hire putting forward that he's offering you with a provided place of abode, he's purely letting you employ his property, a kindness which he can revoke at any time without word. you're able to have a confusing time proving in court docket that he presented you with a provided place of abode without a hire putting forward such. sooner or later, constantly make helpful each and every thing is in writing, and constantly acquire a written apartment contract, despite in case you're renting month-to-month.
2016-11-08 07:21:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋