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The new management in my complex is saying I owe rent even…

The new management in...

The new management in my complex is saying I owe rent even though I have produced all the email confirmations of payment, my credit card statement and the money order copies proving I am nearly 200 dollars a head in rent. Will copies of the email confirmations, credit card statements, and money orders be enough for me to win if they do take it to court?

Lawyer's Assistant: What state is this in? And just to clarify, when exactly were you notified?

I am in Charlottesville VA

Lawyer's Assistant: Has anything been filed or reported?

All I have gotten was a notice to pay

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I guess not

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Answered in 10 minutes by:
3/10/2018
Attorney Wendy
Category: Legal
Satisfied Customers: 523
Experience: Member at Keefer & Keefer LLC
Verified

Hello. My name is ***** ***** I have been an attorney for about 20 years. If you do have proof of payment - credit card statements, money order copies, etc. - you should have a complete defense to any claim in court that you owe or are behind in court. What I would suggest is that you review your lease and any correspondence with the management company or apartment complex and prepare a chart, list or other document tracking what you are supposed to pay and how much you paid on what date. This will provide a complete accounting that will both assure you that you have correctly tracked payments (which it sounds like you have) and provide a roadmap for countering any additional correspondence or court action. It may even be helpful to send that accounting to the management company asking them to cease/stop harassing you about rent you do not owe. This would be a good way to respond to the notice to pay that you received. I would mail it certified mail, return receipt so you can prove that the accounting was provided to them prior to filing a court action, should they do so.

If you need further help, please reply to this email. If I answered your question, I would greatly appreciate your 5 star rating at this point.

​Please note: This information is for educational purposes only and is not legal advice. No course of action is being proposed and no attorney-client relationship or privilege has been formed as a result of this conversation.

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Customer reply replied 1 month ago
I have done just that. I sent them copies or the payment confirmation emails, credit card statements proving that the money was sent to the complex, and most recently the money order stub since they took the payment portal down. They still refuse to honor my proof and stand by what the previous management told them. They do not have access to the payment portal or any record other than what the previous management claims the tenants balances were at the time of the change of management. Isnt the burden of proof on management? Dont they have to provide the payment portal or some concrete evidance of what I paid not just say to the judge "this is what we were told by the previous managment?" Also will copies of all my evidance be enough or do I need to show them some type of originals which I have no clue how I would provide due to the fact all but the money order is electronic. Would I need to get the documents and the payment portal record supoenad?

You have done what you need to do to protect yourself. If a lawsuit is filed, you may decide to request original records but copies should be sufficient in most circumstances, particularly if you maintained your payment records as part of your regular routine. That said, you may want simply to contact the payment portal to see if they will provide you an accounting as well. Maybe an accounting from them will stop the requests for additional payment by the management company. In any lawsuit, they would also have the burden of showing you didn't pay and could not just rely on what they were told. I am sorry you are having to deal with this and hope you are able to resolve it soon.

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I apologize for the additional message, but you may also want to request from the management company what they show you having paid. Perhaps you might be able - if they provide that - to identify the actual payment(s) you made that they failed to record.

Attorney Wendy
Category: Legal
Satisfied Customers: 523
Experience: Member at Keefer & Keefer LLC
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