Is it the responsibility of the landlord to keep payment records?

UPDATED: Aug 27, 2011

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Is it the responsibility of the landlord to keep payment records?

My landlord lost my proof of rent payment for 3 months. I have misplaced my proof also. I know I paid it or I would have gotten an eviction notice after the first month of non-payment. Why did they wait so long?

Asked on August 27, 2011 New Mexico


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

It is the responsibility of both the landlord and you to keep accurate records of monthly payments for the unit you are renting. The problem is that under the law, since you are renting an apartment, you have the burden of showing each monthly payment for the space that you are occupying.

If you paid by check, you need to contact you bank and ask for copies of all that you have made over the past several months. If you paid by money order, you need to go to the place where you obtained the money order and see if you can obtain receipts for the orders you purchased.

If you paid your rent by cash and do not have any receipt for the cash payments, you have a problem.

One explanation why you have received an eviction notice from your landlord is because you may not have paid all of your rental payments owed. 

Good luck.

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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