Tell me, how is this possible, that the tenant owes $1,000
By cream97
@cream97 (29087)
United States
November 14, 2008 5:24am CST
A landlord claims that their tenant owes them $1,000 in late rent. The tenant has a lease agreement that states that rent will start in May of 2008. So, now it is November. Therefore the tenant has paid up to $820.00 already since living in the rental property. Rent is only $200.00 a month. So the tenant has been staying on that property since March of 2008.. The contract agreement between the landlord and tenant stated that rent was agreed to be paid starting May of 2008. The tenant has paid up to 4 months of rent already from a proof of receipt. But, the tenant has dropped off $300.00 at the landlord's home and put it in the door. But, that receipt was accidentally washed in the tenant's pants pocket by mistake. So, the tenant is really up to date on their rent.. The landlord said that she was not going to charge for late fees. The place really was worth $350.00 a month, but she was allowing the tenant to live there for only 200.00 a month. So, now she sent a certified letter stating that the tenant owes rent money, but there is no amount on this letter. The letter says that if the rent is not paid in full on the 5th day after October 24, 2008, then the landlord will take legal action to have the tenant evicted. Well, about about two weeks later, the police officer comes to the tenant home to deliver the eviction papers, but now on the eviction papers, it now says that the tenant owes the landlord $1,000 on late rent? How in the world is this possible.. The tenant has paid the rent, $820.00 of it already... And the other $300.00 that the tenant sent was another rent's payment. She must have not received this. With it being a lack of communication, the landlord should have been calling the tenant to tell them that they was behind on their rent, because the tenant did not know that they have been behind. The tenant was dropping rent money off at the landlord's home... And the landlord never gave the tenant a receipt for the rent payment. So, if the landlord did not receive the $300.00 rent payment, then how is it the tenant's fault. The landlord hardly ever is home, she never comes by the tenant's home to inform them of anything that will make them aware that they owe the landlord any additional money. So, if this all goes to court do you think that the judge will rule in the landlord's favor? To say that this tenant owes the landlord $1,000 is saying that the tenant never ever gave any money on their rent. Which they have already.
Plus there was no security deposit required with this lease..
For any rent payment not paid by the the date due, Lessee shall pay a fee in the amount of Fifteen Dollars... It is does not even say per day or how often this fee is charged.. It just seems that this fee is only applied to being every month or so. As a one time fee..
3 people like this
9 responses
@Foxxee (3651)
• United States
15 Nov 08
I think the tenant had a good deal going on as it is... paying $200 a month, there really should be no excuse not to pay that. That's cheap.
But all in all.... it's the tenants fault if the money never got to the landlord & yes in this case the landlord will probably win this case because their is no proof.
What the tenant should of done is during the times rent was due, he/she should of made a money order or hand delivered the rent to the landlord that way the landlord couldn't say she never got it.
It's always the tenants responsability to make sure rent is handed in the landlords hand....
So this mistake could really screw the tenant over.... always make sure you have a receipt... thats how I see it...
As for the landlord NOT telling the tenants that they are behind on rent, well that again is also the tenants responsability to keep up with. The tenant should know these things.
If your not hands on with things, you get screwed, in this case, the tenant made several mistakes.
You can also find laws & stuff on the internet I'm sure about landlords rights & tenants rights in your state...
If the tenant truly was giving rent to the landlord & the landlord never wrote out a receipt, then the court will still lean on the landlords side because they would want to know why the tenant never requested one. The landlord can always say the reason she never gave one was because the tenant never paid rent.
1 person likes this
@Foxxee (3651)
• United States
16 Nov 08
Don't jump on me! I gave my advice. You asked & I gave!
Proof or no proof, it will still probably go to court & the judge will still favor in the landlords hands, unless they have strong proof, that's what I said, so why you YELLING?
And another thing!! It is not the Tenant's responsibility to make sure that rent is in the Landlord's hand..
Yes it is the tenants responsibility to pay rent on time & to make sure it is in the landlords hands. Anyone can tell you that. I'm sure the judge will say the same.
Who was getting the rent then if the landlord wasn't around? DOn't make sense to me. Even if the landlord was gone all the time, there are ways to catch her.
My landlord is gone all the time, but we still catched her & if not she knows to come to the house & pick up rent because we wont hand the rent money to anyone but the landlord. That's the smart way.
Slipping rent under the door isn't the best way & if this landlord is so hard to find then she needs to set a PO BOX up or something just for rent from tenants.
2 people like this
@cream97 (29087)
• United States
15 Nov 08
And another thing!! It is not the Tenant's responsibility to make sure that rent is in the Landlord's hand.. The tenant was paying her.. She just never was home and she never returned any of the tenant's phone calls.. The tenant was paying her rent. So, no loss was made on the tenant's behalf... You say there is no proof, well guess what!!! The judge will see stubs of rent payment next week... Now, you tell me who will lose this case???
@scarlet_woman (23465)
• United States
14 Nov 08
sad thing is,they probably will rule in the landlord's favor-that's gonna be a fight.if you don't have your reciepts,you're screwed.
i always made sure i got one before i handed my rent over,or they weren't getting it.i had a couple of landlords that tried the "not home" game.
@cream97 (29087)
• United States
14 Nov 08
Yes, you are right! But lucky enough, the tenant has two rental receipt stubs, so they may just have a chance here.. Yes, this landlord never seems to be home and that is why it would be very hard to prove that the tenant did pay rent.. But the tenant has proof saying that they have paid..
1 person likes this
@kayrod2 (1304)
• Australia
18 Nov 08
i really hope this works out. as you say, there is no way it adds up. with all receipts, i would go to the court armed with them. it would be good if they could get hold of a copy of the one that is missing to help them. if the judge sees all of this they will rule against the landlord and then they will be up for court fees as well, so it will teach them to not be truthful
best wishes to you and take care
1 person likes this
@sudalunts (5523)
• United States
15 Nov 08
Your post is very confusing. If the tenant's rent was $200.00 and rent started in May that means from May to November the tenant should have paid $1400.00 total for 7 months of rent. You stated that the tenant has paid $820.00 so far as well as the $300.00. If the rent is $200.00, why was $300.00 paid? Anyway, 820.00 plus 300.00 equals $1120.00, which would be $280.00 short. Another question is if the late fee is $15.00, how did the total rent payments that the tenant make equal $820.00?
I'm just trying to figure this out, I am an accountant and I can't seem to figure this out.
1 person likes this
@cream97 (29087)
• United States
15 Nov 08
The $300.00 is for 1 month and another month and a half worth of rent's payment... The tenant was just paying this amount because they wanted to catch up with what they have already paid.. There was no late payments added.. The landlord claims that she was not going to charge any late fees.. With proof of money order stubs, the tenant has paid a total of $820.00 already. This amount can be proven..
@tamarafireheart (15384)
•
14 Nov 08
Hi cream97,
If all this goes through the courts, the tenant has not got a leg to stand on as there are no prove, the courts always goes by proof of payments, if there aren't any proof, the tenant will have to pay out again or lose the home.
Tamara
1 person likes this
@kenzie45230 (3560)
• United States
14 Nov 08
Have you seen these kinds of things on Judge Judy? I have. One lesson for the tenant is to always get a receipt if paying cash or to use a money order. (In the US, the best money orders are from the Post Office, because one can ask for replacement more quickly than with those issued by convenience stores. And they can be tracked better.)
Why would the amount be $1,000? Probably because the landlord had to get an attorney involved which costs money. And there are court costs as well. Any lease I ever signed said that if a landlord had to resort to this, the tenant would pay the fees.
@cream97 (29087)
• United States
14 Nov 08
I have seen cases as these many times on a variety of court shows.. Okay if she was paying court costs, then how come on the eviction letter it said, Late Rent.. This was the only reason for having to pay the $1,000.. I will have to find out from the tenant if they got the money order from the post office.. I don't think that it was from an convenience store..
@mommyboo (13174)
• United States
17 Nov 08
I think if the tenant has proof of all the payments (and can get proof of the washed receipt for $300), then the eviction papers stating the tenant owes $1000 is null and void. I also believe that before trying to evict somebody, a landlord or rental owner would need to inform a tenant in writing sent by certified letter that they were overdue on rent far enough to be evicted - unless the rental agreement stated that only being late on one payment or one month would be enough cause for evicting.
For a very short while, I worked in the office of a mobile home park and for 2 months, on the 5th I was required to both sign and mail certified copies of letters to tenants who had not paid yet AND hand deliver or leave copies on each tenant's door. This gave them two chances to see that they were late and would be given 30 days to pay or vacate - or eviction proceedings would happen. Of course it can take up to 6 months to actually evict somebody unless there is another reason - criminal, violence, etc. Anyway, it was really a formality which was required by the company, most of the tenants were senior citizens on social security and they did not always get their checks by the 5th. They knew they wouldn't actually get evicted although I felt like sh*t for having to deliver eviction letters. Anyway, they would never be held responsible for more than the month's rent, I think the late fee if they didn't pay in the same month was something like $30. The rents on most of these were ridiculously low, probably not even $300. We never would have evicted somebody without notice that they were at least 30 days late and without having given them 30 days to contact us and make arrangements to pay. If someone made arrangements and could not pay it all in one chunk, that was acceptable too, especially if they were on a fixed income.
I wonder if the landlord was trying to threaten or scare the tenant...
1 person likes this
@leenie50 (3992)
• United States
14 Nov 08
Hi cream,
This story is so screwy. Both the landlord and tenant have some wires crossed. So, how have these transactions taken place? Is it paid in cash, or check or money orders? If it is in cash, the tenant is screwed. Any paper work? If the tenant is dropping off cash, and doesn't place it directly in the landlords hand, then anyone could have picked it up. Even when dealing with Family members in this type of situation, you need receipts and paper work. You need written notices, written statements, everything should be written in black and white. The tenant needs a lawyer. You can bet the landlord will have one. You just can't accept anyone at their word anymore, and this is a prime example. I wish The tenant luck, if they have been completely honest.
leenie
1 person likes this
@cream97 (29087)
• United States
14 Nov 08
Yes, the tenant is being very honest.. I have seen two of the money order receipts that the tenant has for his rent.. It equals out to $820.00. All of the money was paid by money order.. The landlord told the tenant that should would not accept an personal written check. The tenant was willing to pay the landlord this way. The tenant never paid cash.. Which I am glad to hear. The tenant has the lease agreement between the two of them.. The landlord just never gave the tenant any written notices stating that the tenant was behind in the rent..
