Real Estate Law
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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.
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.
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).