Landlord claims missing rent; I have receipts

[CLates]

What is the name of your state (only U.S. law)? New York.

Hi all,

I recently was served papers from my landlord that state that I was missing months worth of rent. I went through the ledger with him and pointed out that there were two checks missing from my account. He claims he never received the checks, and I have the checks (front/back scans from my banks website) that are made out to the rental property.

In court, I presented the statements where the checks were taken out of my account in addition to the check scans (two missing checks). I figured that would be plenty enough evidence that the checks were lost somewhere on the rental property's side. But the judge disagreed. While the judge did not answer my inquiry on what could have been sufficient proof of payment, I'm sure you folks can.

So I have a few questions

What more evidence could I have provided?
How can I prevent this from happening in the future? (before court appearances and such)
Is there some sort of appeal process and would that be of any use?

 

[Zigner]

What is the name of your state (only U.S. law)? New York.

Hi all,

I recently was served papers from my landlord that state that I was missing months worth of rent. I went through the ledger with him and pointed out that there were two checks missing from my account. He claims he never received the checks, and I have the checks (front/back scans from my banks website) that are made out to the rental property.

In court, I presented the statements where the checks were taken out of my account in addition to the check scans (two missing checks). I figured that would be plenty enough evidence that the checks were lost somewhere on the rental property's side. But the judge disagreed. While the judge did not answer my inquiry on what could have been sufficient proof of payment, I'm sure you folks can.

So I have a few questions

What more evidence could I have provided?
How can I prevent this from happening in the future? (before court appearances and such)
Is there some sort of appeal process and would that be of any use?

A problem is that you simply printed documents from a web site. You needed to bring official documentation from the bank showing that the checks cleared, etc. Not simply print-outs that are easily manipulated.

 

[BL]

What is the name of your state (only U.S. law)? New York.

Hi all,

I recently was served papers from my landlord that state that I was missing months worth of rent. I went through the ledger with him and pointed out that there were two checks missing from my account. He claims he never received the checks, and I have the checks (front/back scans from my banks website) that are made out to the rental property.

In court, I presented the statements where the checks were taken out of my account in addition to the check scans (two missing checks). I figured that would be plenty enough evidence that the checks were lost somewhere on the rental property's side. But the judge disagreed. While the judge did not answer my inquiry on what could have been sufficient proof of payment, I'm sure you folks can.

So I have a few questions

What more evidence could I have provided?
How can I prevent this from happening in the future? (before court appearances and such)
Is there some sort of appeal process and would that be of any use?

What was stamped on the backs ?

Also your bank statements should show the amount of the rent taken out and the check #.

If it's associated with the LL that they were cashed , then follow this.

See page 16 about appeals.

http://www.nycourts.gov/COURTS/nyc/civil/pdfs/smallclaims.pdf

Tenants rights.

http://www.ag.ny.gov/sites/default/files/pdfs/publications/Tenants_Rights.pdf

See about rent receipts.

If you ask your landlord for rent receipts the LL must provide them .

 

[CLates]

What was stamped on the backs ?

There was a "FOR DEPOSIT ONLY" stamp that is on all check scans from the rental property as well as the deposit information (DEP / LOC / DATE)

(Before you ask, yes the DEP matches old checks and the DATE is correct as well)

-----------------------------------------------------

I was advised (by a few "elders" who have been to SCC before) that an attorney would not be necessary and that it's very informal and the judges are more lenient with evidence procedures. Was this a case where I should have gotten a lawyer early on? If so, how would I be able to tell that at the time?

I ask for future concerns, being burned on a few months rent really got me riled up, but I would want to know what to do if this situation were to come up in the future.

 

[justalayman]

I went through the ledger with him and pointed out that there were two checks missing from my account. He claims he never received the checks, and I have the checks (front/back scans from my banks website) that are made out to the rental property.

two checks are missing from where?


Either they cleared the bank or they didn't. While you claim he must have lost them which would mean they were not presented to the bank for clearing, you state you have front and back scans of the (I have to presume) cleared checks. Something in your story isn't making sense to me.


If the checks were not cleared through your bank, the landlord was not paid, even if it was due to him losing the checks. If the checks were cleared, he was paid but if that were the case, there would be no possibility of a concern with the landlord losing the checks.

 

[LdiJ]

What is the name of your state (only U.S. law)? New York.

Hi all,

I recently was served papers from my landlord that state that I was missing months worth of rent. I went through the ledger with him and pointed out that there were two checks missing from my account. He claims he never received the checks, and I have the checks (front/back scans from my banks website) that are made out to the rental property.

In court, I presented the statements where the checks were taken out of my account in addition to the check scans (two missing checks). I figured that would be plenty enough evidence that the checks were lost somewhere on the rental property's side. But the judge disagreed. While the judge did not answer my inquiry on what could have been sufficient proof of payment, I'm sure you folks can.

So I have a few questions

What more evidence could I have provided?
How can I prevent this from happening in the future? (before court appearances and such)
Is there some sort of appeal process and would that be of any use?

I am actually quite surprised that the judge did not consider those printouts from your bank's website as sufficient evidence. My assumption is that the dates of payment were not consistent with when the rent was due, and therefore you could not prove that the printouts you provided coincided with the alleged missing payments. In other words, a payment that you said was XX payment, was actually credited by the landlord as YY payment.

My brother once was sued under similar circumstances, and he provided those same sorts of print outs for every payment he made from the beginning to the end...and he did prevail. Perhaps that is what you should have done as well.

 

[BL]

There was a "FOR DEPOSIT ONLY" stamp that is on all check scans from the rental property as well as the deposit information (DEP / LOC / DATE)

(Before you ask, yes the DEP matches old checks and the DATE is correct as well)

-----------------------------------------------------

I was advised (by a few "elders" who have been to SCC before) that an attorney would not be necessary and that it's very informal and the judges are more lenient with evidence procedures. Was this a case where I should have gotten a lawyer early on? If so, how would I be able to tell that at the time?

I ask for future concerns, being burned on a few months rent really got me riled up, but I would want to know what to do if this situation were to come up in the future.

Did you read the links and the Laws within them.

The LL MUST give you receipts of other payments except checks .

Further more if you pay by check ,the LL must give you receipts upon request of them.

I pay my rent and obtain receipts on the spot .

I keep them in a locked safe.

I have my banks statements mailed to me although I do not keep but only the latest few.

I don't know how far back a bank can go ,but you can request copy(s) usually for a fee.

 

[CLates]

two checks are missing from where?


Either they cleared the bank or they didn't. While you claim he must have lost them which would mean they were not presented to the bank for clearing, you state you have front and back scans of the (I have to presume) cleared checks. Something in your story isn't making sense to me.


If the checks were not cleared through your bank, the landlord was not paid, even if it was due to him losing the checks. If the checks were cleared, he was paid but if that were the case, there would be no possibility of a concern with the landlord losing the checks.

Perhaps I didn't may myself clear when I claimed he 'lost' the checks. By having the bank scans, I mean to say I have the copy of the check scanned by the recipient bank and it has cleared in my account. When I say he 'lost' the checks, I should say he lost the funds, or more accurately the funds were not credited towards my account.

( I should also take a moment that when I say "he" I mean the rental property facility. )

In short, the money is gone from my account. The plaintiff claims the money is not is his account.

 

[justalayman]

Perhaps I didn't may myself clear when I claimed he 'lost' the checks. By having the bank scans, I mean to say I have the copy of the check scanned by the recipient bank and it has cleared in my account. When I say he 'lost' the checks, I should say he lost the funds, or more accurately the funds were not credited towards my account.

( I should also take a moment that when I say "he" I mean the rental property facility. )

In short, the money is gone from my account. The plaintiff claims the money is not is his account.

well, given that, I'm at a loss. The only reasoning I can see is they did not believe the authenticity of your evidence.