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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 27258
Experience:  JA Mentor
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This month I was late rent. My landlord left a note under

Customer Question

Hi, This month I was late for my rent. My landlord left a note under the door saying that I have 14 days to pay or eviction process will start. However, I did make the payment after 10 days of the date on the paper. The date on the paper was 04/02 and I made the payment on 04/12. Today, which is 04/28, I got a voicemail from my landlord saying she is going to start the eviction process because I did not make the payment. I have a e-receipt from their residential portal, I have a bank statement showing the payment went through, I have another proof from residential portal website that I have zero balance, that I made the payment and payment went through. It all shows in their own website. I tried to contact back and ask why would she do that but she left the office early and did not come back the whole day. What should I do? Can she really kick me out even though I made the payment in 10 days? Her voicemail clearly says that She is starting the eviction process because I did not make the payment. I have 3 different proofs that I made it and 2 of them are from her own website portal.(e-receipt and payment history from residential portal) Please help me, I am very stressed I could not sleep the whole night it is 4 am right now.
Submitted: 6 months ago.
Category: Real Estate Law
Customer: replied 6 months ago.
All of my poofs shows the date of the payment. I made the payment before 14 days and all of them shows it, even their own e-receipt.
Expert:  Lucy, Esq. replied 6 months ago.


I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The landlord can't evict you if you paid. When the office opens, show them all your documentation, including a copy of the cancelled check. If she refuses to dismiss the eviction suit, then you can go to court and show the judge all your different proofs of payment, and he has to dismiss the case. But you should be able to get it worked out before then, because it sounds like it's very clear that you paid and the landlord simply made a mistake.

It's important that you are 100% satisfied with my courtesy and professionalism. Thank you.

Customer: replied 6 months ago.
What kind of mistake is this? If I can see from the portal she created that payment was made, how come doesn't she? I was actually thinking to sue her for this emotional distress she caused for my family. Because my wife told me she also left voicemail for her saying she already contacted her attorney and its best if we just start packing immediately. What is this?Is it possible to sue her for all of these terrible voicemails?
Expert:  Lucy, Esq. replied 6 months ago.

It's possible she doesn't realize that she can't evict someone who pays late, or that she's not seeing the money show up in her bank account yet. The money has to be in her hands, not just received by the portal. It could also be a bank error.

I'm sorry, but landlord/tenant issues are governed by rules of contract, and there is no emotional distress damages in contracts cases. You could only sue her for the voice mails if she was threatening to harm you or your family, or if you could prove that she actually KNOWS you paid and is only making the calls to upset you.

Customer: replied 6 months ago.
In her portal, when the payment is made, its status states as "processing" until her bank receives the payment. After that, status says " captured" and this means her bank received the money. How do I know this? Because she told me when I was making the first payment. For about 15 days from now, status is captured, which means she has the money. Does this prove that? Oh by the way, I just want her to come to my house and apologize to everyone for this terrible mistake of hers. I want to sue her for that, not for money or anything like that.
Customer: replied 6 months ago.
Oh also, 14 days notice ended on April 16. Why would she wait 12 days to tell me she is starting the eviction because she "thinks" I didn't make the payment?
Expert:  Lucy, Esq. replied 6 months ago.

I completely understand how you feel. But a judge won't order her to apologize. There isn't any law that would require it. The only thing the judge can do is dismiss the case because you paid the rent. Ask her to you proof that she didn't get the money. That's the only way to know what she's seeing.

There are as many reasons a person could wait to file an eviction as there are people on this earth. I'm afraid it's impossible for me to tell you what's going on inside someone else's head. You'd have to ask. One of the most common reasons a landlord wouldn't file for eviction right away is that they're busy with other things or that they're hoping the money will show up (because court is expensive and time-consuming and a lot of people would prefer not to have to sue someone).

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