Can my landlord evict me for none payment when in fact I did submit my payment?

UPDATED: Mar 14, 2016

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 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.
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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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