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How can i sue my mortgage broker for lying 2 me? |
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Landlord wants to charge late fee? |
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Alicia M | My landlord says I owe him much more than the receipts reflect. Are the receipts admissible evidence in court? |
My landlord had been keeping a running tally of what I owed him on my receipts from the time I moved in (3/06) until the end of 2006. I lost my job at that time and didn't make a payment to him until 2/07. The payment covered what I owed for back rent and late fees. We had some verbal agreements throughout 2006 where he said that he would waive some late fees if I paid him so much each month. These agreements were reflected in his accounting of the "balance owed", "amount paid" and "balabce due" sections of my receipts. Last week he told me that I still owe him over $1500 and he would start eviction proceedings if I did not pay him this amount by the end of the month. But when I went over the receipts, using his totals at the time, I found that I only owe him $138. If this ends up in court, can I use my receipts, signed by him, in court as valid proof that I do not owe as much as he claims? |
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ebosgramma
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Yes of course. Before the landlord files the claim copy all of the receipts and give them to him with a complete detailed explanation of why you believe you owe him less than he says. Hopefully you can work something out. It sounds like he has been a very good landlord so maybe you can somewhere between the $138 you say and the $1500 he says.
If this goes to court you do not need to spend money on an attorney to fight a small claims case. The landlord will tell why he feels you owe the money, you will tell why you feel you do not owe the money and the judge will decide what is legal. Usually if it has been written and signed by the landlord even if his math is just plain wrong what is written is right. You win. |
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dapopea_20
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definatly, keep ALL paperwork, I'm going throught the same ordeal right now. KNOW YOUR RIGHTS, and talk to legal services if you can't afford a lawyer. |
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equal_opposites
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Definitely! That's what receipts are for. ESPECIALLY if the landlord signed them and made any notes as to the balances due. |
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moo
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YUP |
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kja63
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You can submit anything you like to the courts. The judge will determine what is valid and what is not. The judge will also determine what is owed. |
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glenn_montgomery88
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the judge will ask for them as any proof you have so keep them |
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Lisa G
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Yes you can. The verbal agreements would be harder to prove especially if there is anything written requiring certain fees if late (such as your lease), however, in writing, such as a signature.,, yeah ... defiantly take that with you IF it goes that far.
It seems though he has worked with you in the past, maybe make a COPY of those receipts, sit down with him with the copies, and show him your tally and see what he says, and go from there. |
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Tio Paco
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Yes they are not only admissible but necessary to prove your case |
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skiingstowe
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Hi,
There seems to be a large discrepancy between what he thinks and you think is owed? Don't forget whatever you are going to show as proof to the court must be made know to the opposing party. There should never be any surprises in court. What one party knows must be shared with the opposing party so any evidence can be verified or disputed. The first thing I would suggest to you is to sit down with your Landlord and get it fixed so you don't have to go to court in the first place. If there were receipts as you state, he won't have much of an argument. |
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mazziatplay
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Yes, but first sit down with him and go over the receipts together. Once you two arrive at a mutually acceptable balance (plus the $138.00 remind him of your verbal agreement about waiving some late fees and see if you can negotiate from there.
Negotiation and agrement re always favorable to a confrontational situation. The bottom line is that even according to your reconciliation you are still $138.00 short of being paid as per your agreements. |
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Dr. Deth
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what does your lease say about late fees? that will supercede any verbal discussions - sure - use any evidence you have - cancelled checks, receipts |
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Crazy cat lady >^ ^<
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You dont need a lawyer...You have receipts dont lose a single one.. |
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Open Book Advisors™
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In California he cannot evict for nonpayment of late fees or any fees for that matter. Including deposits. If I'm stupid enough as a landlord to let someone move in without a deposit or on the 'promise' of making payments on deposit...the court cannot help me by letting me evict for that.
If he goes to court to evict over anything but nonpayment of rent or criminal activity, his case will get tossed out.
He can take you to small claims but not evict.
Always keep receipts........using them for valid proof as you say is exactly why you save them in the first place.
We keep records of all late payments of rent where the tenant does not include the late fee and subtract it from their deposit when they move. |
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just hanging around
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definitely go to court, if it does. defend yourself.
he has the burden of proof. make sure your document everything. look this will be a good learning experience. let him start eviction, tell him to go ahead. say nothing to him until court. |
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NONAME
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Unfortunately if this ends up in court you will be paying a lawyer about a thousand dollars and it won't go to trial until months later. If you lose you will owe 1500 plus court costs and lawyer costs, etc., and if you win you are still out 1000+ for the lawyer. |
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