landlord tenant lawsuit..... (security deposit, fees, record, payments) - Apartments, houses, lease, tenant, landlord, agreements, termination - City-Data Forum

Maxxx · 10-02-2011, 08:24 AM

I need an advice,, I had tenants and they owe me few months of rent,,, they already moved out and I filed small claim court complaint,,, but I never gave them a receipt when they paid me in cash and always late and now they are claiming that they paid me all rent.. Is there any way how to prove that they are lying and that they didn't pay... thanks
It's practically my word against their...

MrRational · 10-02-2011, 08:38 AM

Quote:

Originally Posted by Maxxx

It's practically my word against their...

Not practically... it's *exactly* your word against theirs.
In order to win this small battle you must open yourself up to losing the big war.

In the future... keep better records and use receipts.
Or at least have more security deposit money.

CptnRn · 10-02-2011, 09:59 AM

Does your state law require that you provide them with a reciept? If not then the burden to prove that they paid you should be in them.

MrRational · 10-02-2011, 10:12 AM

Quote:

Originally Posted by CptnRn

If not then the burden to prove that they paid you should be in them.

You think?

When discussions get to phrases like "burden of proof"...
the onus will usually be on the LL as the putative responsible party.
(even in Texas: Section 92.011 of the Texas Property Code to provide a written receipt for a cash rental payment. If the landlord violates this law, the tenant can recover $500 or one month’s rent, whichever is greater, plus court costs and attorney’s fees. )

In this instance, the LL can't prove the tenant made ANY payments.
Since he's going to Court anyway why not sue the tenant for the rent due for their entire tenancy?
He might just win big.

ShaneSA · 10-02-2011, 04:19 PM

It may be too late but if you have copies of receipts for rent they did pay then they need to show those receipts. You would have proof you do provide receipts, and they would have to produce the originals.
In the future, make sure you keep a copy of any and all receipts. They make receipt books that make copies just like your checkbook. If you don't have one, get one.

accufitgolf · 10-02-2011, 04:25 PM

While not a lawyer...tsk...tsk...on you.

Either you are not to bright or you are trying to hide income. One I might be guilty of...the other I am not.....LOL

jdm2008 · 10-02-2011, 05:56 PM

Quote:

Originally Posted by CptnRn

Does your state law require that you provide them with a reciept? If not then the burden to prove that they paid you should be in them.

The burden of proof is on the party bringing the lawsuit

PacificFlights · 10-03-2011, 12:23 PM

They claim they paid all, you claim they didn;t. The judge will ask for receipts for them to prove they paid, they will have nothing. But they will say you wanted cash and didn;t give receipts. the judge will next ask you if you have records. If both of you have no receipts or records, the judge may ask you to show any documenatation of what was received such as tax records etc. The less you have the more likely the judge will think you have been getting paid in cash and pocketing it without reporting it as taxable income. That does not work good for you. Judges have seen enough tenants make claims of paying in cash that they know this con, but they also see many LL who took cash, never reported it, and claim tenants owe them that they know that con also. It may come down to who is the most credible in their story. But remember that if your state law requires you give receipts and you didn;t, good chance the judge will rule against you on that alone.

Maxxx · 10-04-2011, 06:21 PM

Thank you guys for all of your answers ,,, it is helpful and I'm getting some ideas,,, however I was thinking about different evidence such as using witness ,, letters and so on,,, can you tell me what kind of whitness and letter is good to have? And also is there any other evidence that I can use? Thanks a lot

MrRational · 10-04-2011, 06:46 PM

Quote:

Originally Posted by Maxxx

And also is there any other evidence that I can use?

In Texas, because of the law (that you appear to not have followed) the only "evidence" are the receipts for the cash that you didn't give the tenant on other occasions that they paid cash.

Go to Court... either you'll be lucky without that and win...
or maybe you'll learn something.