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-   -   Landlord Collected 2 payments for 1 month (https://www.askmehelpdesk.com/showthread.php?t=50595)

  • Dec 27, 2006, 07:59 AM
    damafra
    Landlord Collected 2 payments for 1 month
    On December 1st 2006 I mailed my rent payment to my ourt of town landlords. On the 6th of December they called me and said they had not received it. We gave it a couple more days and on the 13th I issued another check to them. On the 17th of Dec they reported to me they had not received any payment yet and they would be by the next day to collect it. I found it suspicious but agreed to have another payment handy they next day. One of the landlords (husband and wife team) came by and collected the rent due in cash and signed a receipt he received the cash. The receipt stated that if found or in possession of the two checks sent they would void them and return them to me immediately. After he left my home I called my banking institution and stopped payment on the 2 checks sent and the bank waived the fees after hearing the explanation. The same day he left he deposited one of the checks supposed to be not received. This Tuesday I received a call from the landlord (wife) and she stated she was upset over the check being returned for stop payment. She has said they are to evict me. What should I do in this? I don't have any money to move.
  • Dec 27, 2006, 08:18 AM
    mr.yet
    You have a receipt stating your rent was paid. They were to return the lost check to you.

    They have no reason to evict you, per your lease you are current.

    Remind them they have been pay the rent and enclose a copy of the receipt to them.
  • Dec 27, 2006, 08:28 AM
    damafra
    I have issued them the receipt. They have denied receiving that as well. I figured they would they have lied once they will lie again. Should I call an attorney? Thank you for your help
  • Dec 27, 2006, 08:41 AM
    excon
    Quote:

    Originally Posted by damafra
    I figured they would they have lied once they will lie again. Should I call an attorney? Thank you for your help

    Hello damafra:

    Nahhh. You don't need a lawyer. If they evict you, you'll be heard by a judge. You've done your homework and you've got the documentation you need. Show it to the judge, and he'll throw the case out.

    As a back up, your states landlord/tenant law is posted in this forum at the top. I would read it.

    That said, you're going to have to move. You DO realize that. Keep documenting your situation. It's very likely that your landlord will screw up so bad, that you can collect damages from him.

    Keep us apprised.

    excon
  • Dec 27, 2006, 08:54 AM
    Cvillecpm
    Quote:

    Originally Posted by damafra
    On December 1st 2006 I mailed my rent payment to my ourt of town landlords. On the 6th of December they called me and said they had not received it. We gave it a couple more days and on the 13th I issued another check to them. On the 17th of Dec they reported to me they had not received any payment yet and they would be by the next day to collect it. I found it suspicious but agreed to have another payment handy they next day. One of the landlords (husband and wife team) came by and collected the rent due in cash and signed a receipt he received the cash. The receipt stated that if found or in possession of the two checks sent they would void them and return them to me immediately. After he left my home I called my banking institution and stopped payment on the 2 checks sent and the bank waived the fees after hearing the explanation. The same day he left he deposited one of the checks supposed to be not received. This Tuesday I received a call from the landlord (wife) and she stated she was upset over the check being returned for stop payment. She has said they are to evict me. What should I do in this? I don't have any money to move.

    Their "BAD"... Next time, send check USPS Delivery Confirmation Receipt or ask for deposit slips and deposit your check directly into their account.


    Leave it alone unless you get something from the court. You have proof of their collecting the rent.

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