How can a landlord ask you for past rent, if they gave you absolutelyno notice until now that you were even in arrears?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
How can a landlord ask you for past rent, if they gave you absolutelyno notice until now that you were even in arrears?
I was informed today by letter that I am 5 months in arrears (10/10, 8/10, 2/11, 4/11 and 5/11). This is my first time hearing of this. I have receipts to cover 3 of the 5 “supposed” dates.. The 10/10 totally boggles me as in I remember talking to the landlord because I put the receipts instead of the money orders in the office mail slot and promptly walked over and took the money orders when I was called. I cannot find the 10/10 (think they kept them 8 months ago). I have sent a copy of the receipts I have. What else should I do?
Asked on June 24, 2011 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The law does not require a landlord to give you notice of default or amounts in arrears as they occur; a landlord may elect to seek payment of unpaid rent at any time within the statute of limtiations (which means for several years after the nonpayment).
If you've paid rent already, you don't have to pay it again. Thus, to the extent you can show payment--have receipts--you will be in a good position. If you can produce receipts to the landlord, he or she should not sue you for any amounts, payment of which you can prove; or if the landlord does attempt to go ahead and sue you, the receipts would provide evidence at trial to show that you do not, in fact, owe those amounts.
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 AttorneyPages.com 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.