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Todd H | Who is responsible for proving that my rent was paid? |
I became injured last December and was out of work for 3 months. Since April I have paid my rent on time and also paid extra money in order to pay off my debt. After bringing my rent up to date as of mid November, my property manager is now saying that I still owe rent for those 3 months. I always paid my rent with money orders until I got a checking account in October. I have never kept any of the money order reciepts and can only prove in court 3 checks that I have written since getting my checking account. My property manager has never supplied me with any reciept of payment. Are apartment buildings required by law to keep documentation? Shouldn't they have record of cashing the money orders? I have struggled all year to catch up... I refuse to repay what I have already paid. I fear this will end up in court, please advise. |
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BoomChikkaBoom
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It is your responsibility to keep your receipts for money orders.
The property manager only has to supply you with a receipt for cash.
Of course they have to keep records and documentation, but their documentation is going to prove their case ... not yours.
Maybe the property manager applied your overpayments to late fees rather than actual rent. Depending on how high your late fee is and the fact that you had late rent for almost an entire year, that is where your money could have gone. Ask for a print-out of how your payments were applied. |
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jgmafb
 |
you're in trouble.you need to contact the property managers employer,there has to be a record of the money order made out to the property(unless you signed the managers name).they have to have a record of the transaction.possibly the manager is skimming and getting in touch with his employer may bring that to light.
now read your agreement.it's possible the rent he speaks of is "late charges"did you sign a paper at the place of purchase for the money order?alot of places do that to track their sales,if so,theres your number for tracing them through the place that paid them. |
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notyou311
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You have the burden of proof. Always get a receipt when you pay rent. |
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rapturealert
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It would be odd for them not to record your rent being paid. Unfortunately, however, if you don't have any proof of your money orders being turned in, you may have some trouble in civil court.
If you bought the money orders at the same place, like your bank, you may want to see if they have records of them. |
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redcoat7121
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This is why having a paper trail is so important. If you cannot prove you've paid your rent, the onus will be on you to make good, regardless of your word. |
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kingstubborn
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If you do not have documentation, it will probably take legal action to make them show any records that you paid (I assume you are not renting from the government, who have different rules). As a private entity, they have much more right to privacy over their records, and their argument could be it is not their responsibility to keep your documentation.
Also, if they say you didn't pay, they will argue that there are no records to show a court or provide to you, since you did not pay in the first place. |
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Uncle Alf
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You are responsible for showing proof that you paid your rent. You should have kept those receipts from the money orders, and canceled checks. The property manager has no record of you paying your bill, that's why he says you didn't pay. So, you will still owe him the rent. Looks like you will get stuck paying twice. Next time SAVE all of your receipts. Good Luck.
Have a great day! |
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gypsy
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unfortunately you are, but since you paid by money order you may have recourse by seeing if the company doesnt have a record of your purchases and to who it was endorsed. sorry that you have to learn a lesson this way, landlords can be so evil at times |
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the_silverfoxx
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the post office where you got the money orders have and keep a copy go back to them and ask for a ducuplucate from them where you got the money orders from ask for a copy it will show who it was made out to as well when chashed by who as well from you to him the month as well place where it was chashed by him this would be the smartest thing to do and nest time keep your copy. my opion/ |
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cristabel80
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If you signed a contract, I think you might be the one to have to have proof since it was you that made the promise to pay. I am really sorry about your situation. I hope it gets better. However, your landlord should have their proper documentation - I would think that they would need it for tax purposes. |
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Heather S
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you should go to the place that you purchased the money orders and see if they can get copies. keep receipts and get a rent receipt in the future. your property manager shounds shady! |
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teran_realtor
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I believe that money orders, just like checks, can be tracked down. Call the company that backs them. |
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