Real Estate Law
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Thank you for your question. Although I am an attorney, I cannot represent you. However, I will give you the most thorough information available. So, please allow me to ask a couple of questions for clarification because there is a lot here and I want to make sure we are on the same page. The UD action was because the landlord is telling you that rent was not paid in August but you can prove that money was taken out of your account?
To the extent that they are requiring proof from her bank account which you are not entitled to access, you may consider asking the court for a subpoena to get the definitive proof that you seek. Otherwise, to the extent that you are sued again, you can provide proof of the canceled check to the court.
Your landlord has the ability to bring a new action to the extent that they believe they have not been paid in full under the lease agreement. If they are paid in full, then they do not have the evidence to sustain a cause of action for unlawful detainer based upon failure to pay.
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