Is it the responsibility of the landlord to keep payment records?

My landlord lost my proof of rent payment for 3 months. I have misplaced my proof also. I know I paid it or I would have gotten an eviction notice after the first month of non-payment. Why did they wait so long?

Asked on August 27, 2011 New Mexico

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It is the responsibility of both the landlord and you to keep accurate records of monthly payments for the unit you are renting. The problem is that under the law, since you are renting an apartment, you have the burden of showing each monthly payment for the space that you are occupying.

If you paid by check, you need to contact you bank and ask for copies of all that you have made over the past several months. If you paid by money order, you need to go to the place where you obtained the money order and see if you can obtain receipts for the orders you purchased.

If you paid your rent by cash and do not have any receipt for the cash payments, you have a problem.

One explanation why you have received an eviction notice from your landlord is because you may not have paid all of your rental payments owed. 

Good luck.


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