landlord tenant lawsuit.....

[DowntownHarrisburg]

Originally Posted by Maxxx

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

Letters can generally be easily dismissed, as the writer isn't there for the other party to question.

From what the others have said, it sounds like you broke the law. At the very least, even if the defendant didn't pay, he could come and argue "unclean hands" and probably defeat your case.

Let this be an expensive lesson on why landlords need to follow the law and move on.

[Faworki1947]

Also from now on NEVER EVER accept Cash to hand .. I demand a MO or a check so there is always a paper trail of payments .. I do not care if its an inconvience for the tenant or the LL that paper trail is gonna save somebodies butt down the line ..

[Lacerta]

We accept cash, but I write a receipt for everyone who pays cash, even if they refuse to take it (yes, some won't keep them). That way, I have the carbon in my book, and if there is ever a question, I know who paid how much on what date.

[CptnRn]

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

Originally Posted by MrRational

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.

Funny how you left out the part of my quote that said:

Does your state law require that you provide them with a reciept?

And what makes you assume he is in Texas? Neither his two posts or his profile indicate where he is from.

[hueyeats]

Cash & "verbal" is never the way for rental.
You need a lease agreement and "proper" paper documentation.

Without these as proof and backing, in a he say she say case, all the tenant need to do is prove that you are "avoiding tax" and "scamming someone in these ways" will more than do you in. Never good to cheat the government in anyways... it only proves to the judge that YOU are "unreliable", hence "untruthful"... and if caught in a lie at court... it will be a very bad thing to do; might even land one jail time.

[STT Resident]

This is a dead thread and a moot case. The OP can play a forum spin until the cows come home but his chances in court are ZERO.

[MrRational]

Originally Posted by CptnRn

And what makes you assume he is in Texas? Neither his two posts or his profile indicate where he is from.

Texas has nothing to do with anything addressed to the OP.
My comment to the OP ended that with my saying:
"the onus will usually be on the LL as the putative responsible party."

Did you notice the parenthesis for the rest of what was said?

The question raised... is/was about the need, or just common sense, to provide written receipts for cash received and how such applies just about everywhere. This perspective seemed to be in conflict with the view you seemed to be taking.

To illustrate the point and that it applies just about everywhere, even where you are and seemed to somehow have gotten the opposite view, I provided the Texas law for your clarification. Did that help you? I hope so.