What are my rights if I have records showing that I paid more than the landlords say we did?

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What are my rights if I have records showing that I paid more than the landlords say we did?

The management was embezziling money. We paid $850 for a deposit and we have records of that. Their records show only $399 and the same for first months rent, except they say we paid $450. Since it came out that they where stealing there has been no manager on the property and the office has been closed. Now we just recived a 3 day notice but have no one to pay or even talk to. The corporate property office does not return our messages or answers the calls.

Asked on June 16, 2012 under Real Estate Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may want to consult with an attorney.  If you do not "pay or quit" then you will be served with eviction papers.  At that point in time you will need to answer the complaint and raise affirmative defenses which you can just explain what happened: no one t pay; that you paid and money was embezzeled, etc. Ask the court to allow you to pay the money in to court until the issues at the complex are resolved.  Good luck


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