Can my landlord evict me for none payment when in fact I did submit my payment?
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Can my landlord evict me for none payment when in fact I did submit my payment?
I recently received an eviction notice for nonpayment. I placed this month’s rent in their drop box but they claim that they never received it. However, I have my money order stubs. They deny ever receiving it. And they
still are moving forward with the eviction. Is there anything that I can do?
Asked on March 14, 2016 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
1) You can re-pay the rent while putting a hold on the other money order and/or tracing it: if it hasn't been cashed yet, you should be able to get the money back in another 30 - 60 days. If you pay, you stay, so to speak--the matter will over.
Alternately,
2) You can fight the matter in court and try to convince the judge that you placed the rent in the drop box: if you did, then you did your part, and it's not your responsibility what happens next (i.e. if you placed it in the dropbox, once you do that, you're done; if its then stolen or lost, that's the landlord's issue, not yours). Bear in mind that a money order receipt or stub does not, by itself, prove that you paid--that just proves you took out or bought a money order, not that you gave it to the landlord. You will testify you dropped it in the box; the landlord will presumably testify that the box was secured and not tampered with, or no one has the key but him, or that all rent was received but yours (which suggests it wasn't stolen--if someone broke into the box, more money would be taken), etc. The judge will decide who is right, and order eviction or not.
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