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I received an eviction notice today, for failure to pay rent, after paying rent for August. I contacted my landlord and she claims I did not pay rent in June. She says she is using July's rent for June and August rent for July.
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"I don't understand. But I don't care, so it works out."
(set 7 days ago)
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Quote:
Originally Posted by Nessa05
I received an eviction notice today, for failure to pay rent, after paying rent for August. I contacted my landlord and she claims I did not pay rent in June. She says she is using July's rent for June and August rent for July.
Do you have proof (cancelled check, receipt, credit card statement) that you paid rent in June?
Is there some reason the manager is trying to get rid of you (like, trying to sell the building) rather than have a conversation with you to inform you you are behind?
edited to add: Wait. You are at most, one day late in paying rent for August. If she's using the payment you just made for July rent, and now it's August 1 so you're covered for July and are one day late for August. I can see charging you a late fee - but to evict you after you fully paid up? Is there something else going on?
They just sold the building and the new landlord took over about a week ago.
The only proof of rent for June that I have is a text from my landlord thanking me for paying. I somehow misplaced my money order stub.
I also paid my last month's rent when I moved in and I believe I'm the only one on the complex with a year lease instead of month to month.
Do you have proof (cancelled check, receipt, credit card statement) that you paid rent in June?
Is there some reason the manager is trying to get rid of you (like, trying to sell the building) rather than have a conversation with you to inform you you are behind?
edited to add: Wait. You are at most, one day late in paying rent for August. If she's using the payment you just made for July rent, and now it's August 1 so you're covered for July and are one day late for August. I can see charging you a late fee - but to evict you after you fully paid up? Is there something else going on?
In the jurisdictions I've been based in, reasonable law states that you have the first five days of the month to be in arrears for not paying rent. An eviction notice gives you five more days to respond. If you pay up by the tenth of the month the notice to evict is mute.
However, there's no mention of the state the poster is in, as again, one of the most important pieces of information in almost every post on CD.
edited to add: Wait. You are at most, one day late in paying rent for August. If she's using the payment you just made for July rent, and now it's August 1 so you're covered for July and are one day late for August. I can see charging you a late fee - but to evict you after you fully paid up? Is there something else going on?
I'm very confused myself. My eviction letter says failure to pay rent since July 1st. So if she's trying to evict me for not paying rent in July why would my rent for the month of August be accepted? And I had no idea she could start an eviction process without first contacting me about the concerns.
Status:
"I don't understand. But I don't care, so it works out."
(set 7 days ago)
35,629 posts, read 17,961,729 times
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Nearly this exact thing happened to me, Nessa, forever ago. Here's what might be happening to you.
My landlord declared bankruptcy, and kept my rent checks in a drawer somewhere and hadn't cashed them because she was intending to cash them after the bankruptcy proceeding was finished. The new landlord believed I hadn't paid rent in months, and when I showed him my check register (which isn't proof at ALL, but somehow compelling) he said stop payment on those checks, pocket the money yourself, but please leave we're going to renovate the building and need you out.
So my best guess is that's what's happened to you. The prior owner has pretended you didn't pay rent, has pocketed that money, and the new owner wants you out for different reasons, like wanting to raise the rent or renovate the place.
I think you need to call for legal help. You can't be evicted for this.
I received an eviction notice today, for failure to pay rent, after paying rent for August. I contacted my landlord and she claims I did not pay rent in June. She says she is using July's rent for June and August rent for July.
I'd respond with a certified letter asking them why they waited 60 days to bring this issue up.
I'd respond with a certified letter asking them why they waited 60 days to bring this issue up.
It doesn't actually matter why they waited.
Get proof from your old LL of your June payment. If he texted you that it was received then he can give you a copy of the check or the check number so you can get the copy from wherever you get them from. You need proof of payments made in order to fight this, nothing else matters in the slightest.
That 5 day notice is them first contacting you about it. What more did you expect? Doesn't matter because it isn't required.
They just sold the building and the new landlord took over about a week ago. The only proof of rent for June that I have is a text from my landlord thanking me for paying. I somehow misplaced my money order stub.
I also paid my last month's rent when I moved in and I believe I'm the only one on the complex with a year lease instead of month to month.
I suggest always insisting on rent receipts or paying by check in the future.
This is one of the negatives of dealing with a private landlord since you don't have the option to pay online. That would eliminate all this mess about you not paying and needed to pay rent for August. I would suggest to the OP to start paying by check and to open up a bank account instead of a money order.
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Exactly, and then reasonable law kicks in
