Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).