If our old landlord gave us an unlawful detainer that was settled and is now trying to sue for back rent, what do we do?

UPDATED: Mar 17, 2012

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If our old landlord gave us an unlawful detainer that was settled and is now trying to sue for back rent, what do we do?

My dad is being sued for back rent from a landlord that claims we owe over $11,000 yet we’ve paid him the rent. Unfortunately the landlord never gave us any reciepts or anything. Is there anything we can do now or are we pretty much out of luck?

Asked on March 17, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you have receipt or cancelled checks showing that your father in fact paid the landlord for the $11,000 or so in back rent now claimed, you actually have evidence or "receipts" proving that such rental payments were in fact made.

Given the seriousness of the $11,000 claim that you are writing about, I suggest that your father consult with a landlord tenant attorney to assist him regarding the dispute that you are writing about.

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.

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