Landlord Denying Cash Rent from Last Year

[Understated]

What is the name of your state? What is the name of your state? FL

Hello everyone. I was recently caught off guard by a 3 day eviction notice for my leased business space. Despite being paid in full through the end of the month, this notice was left mid-month, and on a Friday demanding I be out by Monday. I have been told this is illegal.

To justify this, I assume, my landlord has decided to try denying receipt of cash rent payments from a 6 month period of time last year when he demanded I start paying cash as he was getting a divorce. After being refused receipts, I made sure to keep withdrawal records as well as take photographs of each cash payment. While I realize not the smartest situation in general, this business was my livelihood and he would continuously threaten to throw me out if I wouldn't comply with his demands.

Right around the holidays he announced that he was working things out with his wife and thus began accepting checks from me again for the last 3 months. Then this 3 day notice out of nowhere.

He is now threatening to sue if I dont come up with this exorbitant lump sum, which I certainly cannot do now as I am virtually out of business. I am also concerned with my odds in court if it does come to such a thing. I would like to think a judge would realize that it's been a long ways from when this "non-payment" occurred, and that certainly there was no apparent problem given the acceptance of my last few checks... however I also realize my position of not having any receipts. What are my odds in court if it comes to it? I truly cannot afford to pay this twice.

 

[PayrollHRGuy]

Go ahead and knock your head against the wall a few time for being so foolish to pay in cash and not get receipts. NOw get over that and start thinking about ways you can show you likely paid. 1. He didn't try to evict you sooner. 2. Can you show withdrawals from your bank on or about the day you paid cash?

 

[not2cleverRed]

Go ahead and knock your head against the wall a few time for being so foolish to pay in cash and not get receipts. NOw get over that and start thinking about ways you can show you likely paid. 1. He didn't try to evict you sooner. 2. Can you show withdrawals from your bank on or about the day you paid cash?

OP did say: I made sure to keep withdrawal records as well as take photographs of each cash payment.

Granted, I am not sure what is meant by taking photographs of each cash payment. Like, if the photographs are just time stamped photos of the cash on a table, I'm not sure that would have any weight. If the photographs are time stamped photographs of OP putting the cash in the landlords hand, that night be more helpful.

What I suspect: the landlord was trying to hid income while estranged from his wife. When they reconciled, she looked at "the books" and is urging him to get things into fiscal shape.

 

[xylene]

Cash/Check/Divorce thing aside: Are you actually current on rent?

Your statement of financial condition seems to suggest otherwise, so I just want to understand that fully.

Basically - For the cash months, - Is your landlord claiming you didn't pay rent for some months or didn't pay all the rent. Did you get an informal rent discount or something?

 

[Understated]

Yes, I am and was fully current through the end of February, and this is documented in checks. I received the 3 day notice to move out in mid-February.

The rent being claimed as unpaid is a 6 month period from last year.

I can indeed show consistent bank withdrawals that went to these payments, and the photographs are of the cash displayed in a labeled envelope for each month just prior to handing over. I know it could be argued that doesn't mean they were actually given to him, but it was all I could come up with at the time.

My payment history in all other areas is flawless as well, which I hope would also lend some credibility to my case. I'm certainly not made of money, but having my business essentially implode based on these actions, I have lost a large percentage of dependable income, not to mention the expenses incurred to move within the 3 days.

It's been suggested to me that sending a warning of a lawsuit for an illegal eviction if he chooses to continue pursuing his false allegations might be warranted, though it still seems that in the end it will boil down to my word against his.

 

[not2cleverRed]

Um... I think you have misunderstood the "3 day pay or quit" notice, or your landlord is taking some liberties.

1) The 3 days does not include the day served, weekends or holidays. Therefore, demanding that you quit by Monday was illegal. But the problem is you didn't fight it, you just moved.

2) You're not evicted until there's a court order evicting you. The landlord can't force you out without going through the proper eviction process - the 3 day notice is just the first step. If someone doesn't pay and doesn't quit (move), the landlord can then go to court - where both sides are allowed to present their version of what went down.

He can threaten to sue for the allegedly unpaid rent.
You can demand that he return to you the prorated amount of rent for that month. And your security deposit, if any.

Should he follow through and attempt to sue, bring your proof of payment from before and after the "cash rent" months as well. This will tend to lend you some credibility. Especially since you know that he won't credit your unused rent. If you have any form of communication from him regarding rent from that time period, say a text just saying, "remember, cash only."

P.S. Don't warn about anything that you won't follow through on. If you do send a letter, pay a lawyer to do it, don't do it yourself.