How Can I Prove Rent Payment in Eviction Proceedings?

If your landlord tries to evict you for not paying rent, the best way to fight back is by having evidence that you did make the rent payment in question. A New York City eviction defense lawyer can help you gather the necessary evidence and make sure that your landlord is going through the proper channels to begin eviction proceedings.

What Happens If Your Landlord Thinks That You Owe a Rent Payment?

If your landlord believes that you owe them a rent payment, they have to properly notify you. To meet legal requirements, they must wait at least five days and send you a notice by certified mail. This letter should say that your rent is late and that you must pay or risk being evicted.

This notice has to give you at least 14 days to pay the rent that you owe. If you make the payment, they cannot evict you just because it was late. If you do not make a rent payment, then your landlord can proceed with an eviction.

How Can You Show That You Made a Rent Payment?

When you get evicted for not paying rent, having proof that you actually did pay can obviously help your case. Some evidence that can strengthen your case includes:

• Receipts from your landlord
• Cancelled checks or money orders
• Bank statements

If you use an app to make your rent payment each month, a transaction history can help your case. You should also bring your lease so that you can show the court exactly how much you’re supposed to pay each month.

How Can You Defend Yourself Against an Eviction?

Being able to show that you made a rent payment is great, but there are other defenses against an unfair eviction too. You could:

• Agree that you haven’t paid rent, but show that it’s because your landlord will not perform necessary repairs in your apartment or building
• Show that you were not served with papers or any notices in the proper way
• Accuse your landlord of improper eviction procedures, like changing the locks on your door or turning off utilities

Yes, you agreed to pay rent when you signed your lease, but your landlord also agreed to behave properly and provide a liveable apartment. If they do not abide by the terms of the lease, you need to address that.

Do I Need an Attorney?

It can be a good idea to contact a lawyer when you are dealing with a dispute over a rent payment. A lawyer can help you defend yourself, gather the necessary evidence, and build a strong counter-argument against your landlord. Hiring an attorney is an expense, but being evicted and forced to move into a new place isn’t exactly cheap.

Talk to Our Landlord-Tenant Lawyers

So if you and your landlord are having a dispute, contact Robert Rosenblatt & Associates. We would like to hear about your situation, so we’ll schedule you a free consultation. Learn more about your options today.