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Marsha411JD
Marsha411JD, Attorney
Category: Landlord-Tenant
Satisfied Customers: 20400
Experience:  Licensed Attorney with 29 yrs. exp in Landlord Tenant issues
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I paid cash month's rent. I didn't receive a re

Customer Question

Hi, I paid cash for this month's rent. I didn't receive a receipt but I have a bank statement for the rent amount and they have me on camera turning in an envelope with the money inside. They are claiming I did not pay. Are there any legal actions I can take?
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Marsha411JD replied 2 years ago.
Hello,
Thank you for the information and your question. Unfortunately, paying rent in case, or even money orders, rather than a check or credit card, is very risky because it can result in something like you have described. The fact that you withdrew the amount from the bank will not prove you paid rent, it only proves you withdrew money. Somewhat better evidence is if the landlord has you turning in something that could be rent (an envelope) if they show that you put it in the rent box.
However, like the withdrawal of money, doesn't conclusively prove you paid rent as the envelope could have been empty or short some money. But again, it is better evidence than your withdrawal. At this point though, if you don't pay them (again), they will likely take action to evict you. Then you would have to convince a court that you paid rent. They will consider the evidence just as I discussed it and may or may not believe that you paid. The only other option is to call the police and report a theft of the cash. That may shake up the person who might have taken the cash from the deposit place.
In the future, please consider obtaining a checking account even if only for paying rent, as that really (other than an receipt) is the only way to pay rent without exposure to something like this.
Please feel free to ask for clarification.