Can my landlord really evict me if I don’t have my rent receipt butI do have back-up documentation which proves that rent was in fact paid?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Can my landlord really evict me if I don’t have my rent receipt butI do have back-up documentation which proves that rent was in fact paid?

2 months ago I paid my apartment complex with a money order of $300 on the first; I also signed a promise to pay (a promise to pay is a written contract where you pay half your rent on the 1st and the rest by the 15th and accept late fees). I paid the rest on the 15th. Now, on the 5th of this month I got a notice stating that I have 5 days to pay or quit. They stated that they never received my original $300. I do not have the receipt for the money order but I have the signed copy of the promise to pay which shows the initial $300 payment. Can they still file for eviction since I can’t provide the receipt. Will I loose in court?

Asked on August 11, 2011 Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have paid the rent and can prove that, you can't be evicted for nonpayment. The issue becomes, can you prove payment? The promise to pay may or may not function as a receipt or acknowledge of payment--it depends on what it says. For example, if it says that you have paid $300 or $300 was received or something like that--and it's signed by the landlord or the landlord's  agent--that would very likely prove payment. On the other hand, if it's not signed by the landlord or his agent, only by you, it does will *not* be a receipt (e.g. it could simply be something you made up later, or something you proposed to landlord but he did not accept). So the issue may hinge on precisely what the promise says and  who signed it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption