Landlord claims I didn't pay.

AbsoluteZero · July 2009

I'll keep this short and sweet.

So yesterday the landlord comes around claiming I failed to pay rent this month. Fact of the matter is, however, I did pay rent, and I have the bank statement and copy of the rent check from the bank complete with the landlord's handwritten endorsement (to which she even said, "yup, that's my handwriting"). Despite the fact that I produced this, she did not seem satisfied. I have a feeling she will be back and I want to be prepared. So what is the next step? Has anyone here been in this kind of situation?

Asiina · July 2009

How is this person your landlord? Is it a private building, part of a larger company with many buildings or what?

How is she saying that you didn't pay if she acknowledges her handwriting on the cheque?

deadonthestreet · July 2009

What state? Landlord-tenant laws vary greatly depending on where you are.

Pheezer · July 2009

Generally speaking, having a copy of that documentation makes it pretty impossible for them to do too much. They could change the locks on your doors or evict you physically if they're just crazy or whatever, but even in the worst case scenario where they're intent on ignoring the evidence that you did pay for the sake of giving you the boot, I can't think of any way that your local tenancies board wouldn't agree that it was an unlawful eviction and entitle you to damages.

AbsoluteZero · July 2009

I'm in Minnesota. The landlord and her husband own a number of apartment buildings in the area via their own LLC that bears their name.

AbsoluteZero · July 2009

Pheezer wrote: »

Generally speaking, having a copy of that documentation makes it pretty impossible for them to do too much. They could change the locks on your doors or evict you physically if they're just crazy or whatever, but even in the worst case scenario where they're intent on ignoring the evidence that you did pay for the sake of giving you the boot, I can't think of any way that your local tenancies board wouldn't agree that it was an unlawful eviction and entitle you to damages.

Tenancies board? How would I get in touch with such persons? Google isn't helping a whole lot.

deadonthestreet · July 2009

Not your lawyer, etc...

http://www.tenant.net/Other_Areas/Minnesota/hb4.html#ch21
http://www.tenant.net/Other_Areas/Minnesota/566.html#566.01

If they try to evict you, seems like they owe you at least $500.

But really if she doesn't leave you alone here's a list of people to contact that can help:
http://www.tenant.net/Other_Areas/Minnesota/resource.html#resource

Figgy · July 2009

Evicting a tenant is much more difficult and a lengthy process. It's not like in the movies where you show up and your shit is on the lawn.

I wouldn't be too worried. You have the documentation to prove your rent was paid. I think the worst case scenario here would be that you're inconvenienced by having to photocopy some documents to hand over/fax to the landlord to prove it.

"Here's the proof that rent was paid for this month. Stop interfering with the quiet enjoyment of my living here. Thank you."

I wouldn't say it's necessary to lawyer up right now, since you aren't in any real danger. I would contact the tenant board though. They will answer any questions you have, and they have forms you can fill out to file for damages and what not. Most of the time there are fees, though. (For filing claims, not asking questions)

http://www.hud.gov/local/mn/renting/tenantrights.cfm

Pheezer · July 2009

Yeah, but most of the time you file a claim, you can include court costs such as the expense of the claim and the time taken off work. So if you have an airtight case and they push you, you know you're good to go for it.

Thanatos · July 2009

There are a lot of localities where landlords who try to push shit like this get hit for triple damages.

I'd suggest ignoring it, and worrying about it later if she actually tries anything.

AbsoluteZero · July 2009

Thanks peoples. Hopefully she doesn't go any further with it.

Lord Yod · July 2009

One thing you definitely want to do is document every interaction with the landlord, so that if it does come up in court you can show exactly who said what and when.

The Crowing One · July 2009

Some larger landlords will report negatively to the credit bureau for missed rent payments. By and large an uncommon practice, they still have the ability to do so.

While it seems your case is airtight, IMHO I'd want to ensure everything is kosher now as opposed to later. You shouldn't need a lawyer, just a phone call backed up by a fax of the bank records and deposit endorsement. The last thing you need is for your landlord to believe that you're continually a month behind in your rent.

Regardless, it doesn't seem like a big deal. Nothing immensely necessary either way.

ascannerlightly · July 2009

is your landlord off her meds?

her: you didn't pay your rent.
you: i paid you with a check. here's a copy of the check you signed when you cashed it.
her: yup, that's my handwriting.

you say "she didn't seem satisfied". after you showed her the photocopy and she affirmed that is her handwriting, what did she say/do? have you ever had problems with her/them like this in the past?

Pheezer · July 2009

Lord Yod wrote: »

One thing you definitely want to do is document every interaction with the landlord, so that if it does come up in court you can show exactly who said what and when.

I wish I'd remembered to say this. This is incredibly valuable advice that costs nothing to take. You'd be a fool not to start documenting things, starting with the day you paid rent.

exoplasm · July 2009

ascannerlightly wrote: »

is your landlord off her meds?

her: you didn't pay your rent.
you: i paid you with a check. here's a copy of the check you signed when you cashed it.
her: yup, that's my handwriting.

you say "she didn't seem satisfied". after you showed her the photocopy and she affirmed that is her handwriting, what did she say/do? have you ever had problems with her/them like this in the past?

Yeah this seems very strange to me. It would also have the date on the check, and I assume the date it was cashed/processed.

You should probably call your landlord/lady and make sure everything is cool with the rent. As said before, they can ding your credit even if it's not justified (and then you're stuck fighting the credit agencies to remove it).

AbsoluteZero · July 2009

exoplasm wrote: »

ascannerlightly wrote: »

is your landlord off her meds?

her: you didn't pay your rent.
you: i paid you with a check. here's a copy of the check you signed when you cashed it.
her: yup, that's my handwriting.

you say "she didn't seem satisfied". after you showed her the photocopy and she affirmed that is her handwriting, what did she say/do? have you ever had problems with her/them like this in the past?

Yeah this seems very strange to me. It would also have the date on the check, and I assume the date it was cashed/processed.

You should probably call your landlord/lady and make sure everything is cool with the rent. As said before, they can ding your credit even if it's not justified (and then you're stuck fighting the credit agencies to remove it).

She took the copy I printed off for her and steamed off, saying something about "waiting for a correction." I have absolutely no idea what that could be referring to, but I want to be ready if she decides to go further down this road.

Topia · July 2009

AbsoluteZero wrote: »

exoplasm wrote: »

ascannerlightly wrote: »

is your landlord off her meds?

her: you didn't pay your rent.
you: i paid you with a check. here's a copy of the check you signed when you cashed it.
her: yup, that's my handwriting.

you say "she didn't seem satisfied". after you showed her the photocopy and she affirmed that is her handwriting, what did she say/do? have you ever had problems with her/them like this in the past?

Yeah this seems very strange to me. It would also have the date on the check, and I assume the date it was cashed/processed.

You should probably call your landlord/lady and make sure everything is cool with the rent. As said before, they can ding your credit even if it's not justified (and then you're stuck fighting the credit agencies to remove it).

She took the copy I printed off for her and steamed off, saying something about "waiting for a correction." I have absolutely no idea what that could be referring to, but I want to be ready if she decides to go further down this road.

She may have filed your payment under the wrong name or room number, it happens quite a bit.

Ganluan · July 2009

She may just have been mad that she or someone else recorded the payment incorrectly, and was embarassed about the situation.

MichaelLC · July 2009

Probably just had a crazy spell and won't mention it again, BUT...

Might want to start looking at other places to be on the safe side. Thinking worse-case is she's in trouble with the mortgages/leases and might lose them.

RUNN1NGMAN · July 2009

Start keeping a phone/conversation log of all oral communication with date, time, and content of all conversations, and try to communicate strictly by email/letter when possible.

The ball's in her court if she wanted to pursue this, so there's not much for you to do besides keep good records.

Dixon · July 2009

I had a landlord who tried to do that exact same thing. I had moved out and he told me I hadn't paid my last month rents, however I had the bank statements and the cheque stub to prove I had.

The dude was a bastard and tried to take me to court, in the end I ended up getting that rent back plus a little more which was awesome :P

I would say if you have what you have said you have your good to go.

I am in Canada though, ontario to be specific

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