If I am being evicted for non-payment even though I did pay and have evidence of payment, is there a legal action I can take against landlord?

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If I am being evicted for non-payment even though I did pay and have evidence of payment, is there a legal action I can take against landlord?

Paid rent on time for this month. Landlord left notice of late payment on my door. I spoke to office management a couple of times to get it fixed but they still filed to get me evicted.

Asked on December 22, 2011 under Real Estate Law, Arizona

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are being evicted for supposedly not paying the rent but you have proof that you did, I would write the landlord and the property management a letter with documents proving payment was made. Keep a copy of the letter and documentation sent for future reference and need.

If that does not stop the eviction process, all you can do then is fight it with an answer to the presumed complaint with affirmative defenses that you made the payment and go to court. I suggest that you consult with a landlord tenant attorney about your situation.


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