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Infolawyer
Infolawyer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 56909
Experience:  Experience representing landlords and tenants.
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State of Maryland, we are moving out June 30, and gave

Customer Question

State of Maryland, we are moving out June 30, and gave landlord 30 days notice. She is now coming back and says she is taking us to court because we did not pay a months rent in March of 2015. We did pay, can this be done
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Infolawyer replied 1 year ago.

No basis to pursue a claim for payment made. If landlord wrongly files in court, you may seek to have it dismissed and seek legal fees.

If you have proof of the payment, send a copy of the check along with a letter warning landlord that filing a baseless lawsuit will lead to a counterclaim for abuse of process and malicious prosecution plus award of additional damages and legal fees.

Expert:  Infolawyer replied 1 year ago.

Is that clear?

Customer: replied 1 year ago.
Understood however we paid with cash and got receipt and many of them were lost when the basement flooded from a roof leak that we reported and was not fixed. I know it sounds convenient but it is true. We have lived here for almost four years and she has tried this before and with the adjoining apartment tenants
Expert:  Infolawyer replied 1 year ago.

You can provide an affidavit to support it if needed. The passage of so much time without demand also supports your position as a court would find it hard to believe landlord never sent a demand for rent owing for 15 months.

Expert:  Infolawyer replied 1 year ago.

Kindly rate me positively.

Expert:  Infolawyer replied 1 year ago.

thank you in advance.

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