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  1. #1
    lawkev is offline Junior Member
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    Proof of rent payments

    What is the name of your state? New York

    How can a person prove previous rent payments if a landlord does not give receipts? Would copies of money orders stand up in court?

    Thank You
  2. #2
    Hannah13 Guest
    I've been scolded once today for giving advise where I am not an attorney but I am a govmt. underwriter for both F.H.A. and V.A. lending.
    To buy a home you must show proof of a rental history. You CAN only use 12 mos. cancelled checks front and back. We will not accept receipts from a landlord and not money order receipts either.
    Reason being is a landlord will gladly give you a "receipt" to get a bad tenant out of the house.
    A money order receipt does not "source" the funds. Meaning...did YOU buy the money order? In any case the "source" of funds would and should be questioned.So watch out if ever buying a land contract/lease option to buy.

    However...F.H.A. does not require ANY credit scores and can use 3 "alternative" credit sources such as utility bills, personal loans etc...

    As for your question it all depends on what purpose the Judge is needing this. Mind sharing a tad more info.?
  3. #3
    BL
    BL is offline Senior Member
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    Quote Originally Posted by lawkev View Post
    What is the name of your state? New York

    How can a person prove previous rent payments if a landlord does not give receipts? Would copies of money orders stand up in court?

    Thank You
    Have you requested rent receipts in writing from the LL as per NY State Law ?

    M/O purchsers copy stubs might suffice , if you can show the court you requested receipts and non were given , and the money orders each month noted for rent , or each month showed the amount consistently .

    How did the LL request to be paid ?

    Landlords must provide tenants with a written receipt when rent is paid in cash, a money order, a cashier's check or in any form other than the personal check of a tenant. Where a tenant pays the rent by personal check, (s)he may request in writing a rent receipt from the landlord. The receipt must state the payment date, the amount, the period for which the rent was paid, and the apartment number. The receipt must be signed by the person receiving the payment and state his or her title. (Real Property Law 235-e)
  4. #4
    CA LL is offline Senior Member
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    No, money orders receipts typically DO NOT hold up in court because anyone can buy a money order for any amount then turn around and make it out to themselves and cash it. IF YOU CAN GET CASHED copies of the money orders that might be a different story but anyone who wishes to have solid proof of payment (which is why it is required for mortgage application) of rental payments had best be paying via personal check and keep front/back copies of cashed checks. And of course asking for a receipt for each payment couldn't hurt either.

    It might be more helpful if you actually DESCRIBE the SITUATION you are in and what prompted this question.
  5. #5
    lawkev is offline Junior Member
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    Well I'm trying to rent a place and I know some landlords just want the money and don't care about anything else. So what I'll do is type up my own receipt and have the landlord sign when I pay or use a personal check.
  6. #6
    BL
    BL is offline Senior Member
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    Quote Originally Posted by lawkev View Post
    Well I'm trying to rent a place and I know some landlords just want the money and don't care about anything else. So what I'll do is type up my own receipt and have the landlord sign when I pay or use a personal check.
    Insist on a rent receipt as noted in the Laws , especially for cash payments .

    One of my prior LL's gave me receipts for cash payments each month .

    I had a LL that wouldn't give receipts , he said you got your M/O stubs .

    I sent him a letter every now and then requesting receipts for each month I paid ( keeping dated and signed copy(s) ) . Just in case .

    At least as someone noted , I could have always sent for proofs they were cashed if need be .

    I presently live in a dwelling that I pay by M/O . They say if I ever need it , they will give me a print out of payments
    Last edited by BL; 12-26-2007 at 11:33 AM.
  7. #7
    Cvillecpm is offline Senior Member
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    Have a bank that provides you copys of your cancelled checks AND pay your rent by check.
  8. #8
    xylene is offline Senior Member
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    Quote Originally Posted by Hannah13 View Post
    To buy a home you must show proof of a rental history. You CAN only use 12 mos. cancelled checks front and back. We will not accept receipts from a landlord and not money order receipts either.
    A quick glance at google results suggests, (and a cursory knowledge of mortgage processing) this is not so. Could you elaborate?
  9. #9
    Hannah13 Guest
    If you are a renter...you must show proof you paid your current rent on time and monthly.
    We want 12 mos. cancelled checks front and back PERIOD to verify the rating. These are guidelines that are necessary. Such as in the case of a new purchase...we want a mortgage history on the credit report of your existing home (if you couldn't pay that on time why would we lend on a new and more expensive one?) this is just common since. Since landlords do not report to the bureaus we certainly are NOT going to just take their word for it UNLESS it is a Mgmt. Co. PERIOD.

    If you are in a lease option or a land contract and wish to "refi." it and handle it as a refi. vs. putting 10-20% down and handling like a new purchase we want 12 mo. cancelled checks front and back to prove the payment history and to source the funds that the paymts. were made by you.

    If you lived with parents and paid no rent, F.H.A. will do this. Or if fresh out of college PROVIDED you have atleast 3 other tradelines...even unconventional tradelines/credit history of cell phone bills, utilities etc...things not reported to the bureau.

    So google all you want to but unless you want a non conforming loan at a high and adjustable rate (and even then) we are going to get cancelled checks or bank statements to reflect the debit for the last 12 mos.

    ***While "FNMA" will allow a rental receipt or verification of rent (FNMA is not the investor)....we "the investor" Chase, BofA, Merrill Lynch, Wells Fargo etc...etc...will not...the end investor that has to collect these loans back adds to the conditions...trust me...this is standard.
    Last edited by Hannah13; 12-27-2007 at 05:20 AM. Reason: ***you made me go back and hit the books....lol

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