Paid Landlord Rent - Claiming non receipt

[juber0]

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

I paid my rent on March 5, 2009. I have the certified mail receipt, returned mail (with their signature) and bank statement showing that it was withdrawn on that day from the UPS.

My only problem is that I cannot file a claim because I lost my USPS original Receipt. I am not sure if they can reprint that receipt so I can claim it as being lost.

My problem is that I definatley have the necessary evidence to prove payment (they lost it from their own negliegence). But what should I do?! I don't wish to go to court because of this and I definatley cant afford any payments.

 

[Banned_Princess]

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

I paid my rent on March 5, 2009. I have the certified mail receipt, returned mail (with their signature) and bank statement showing that it was withdrawn on that day from the UPS.

My only problem is that I cannot file a claim because I lost my USPS original Receipt. I am not sure if they can reprint that receipt so I can claim it as being lost.

My problem is that I definatley have the necessary evidence to prove payment (they lost it from their own negliegence). But what should I do?! I don't wish to go to court because of this and I definatley cant afford any payments.

Did you send a check or a postal money order? cash? what?

 

[juber0]

Postal Money order.

But I lost the original receipt. Unless they can provide me with a copy of the original reciept, I can't file the claim for another postal money order.

But it was totally their fault, their people signed for it.

 

[Banned_Princess]

that appears to be quite the pickle...

But you might have enough with the bank statement and their signature on the reciept of delivery.

why do you go through all that, have you had problems in the past?

 

[juber0]

I do it to save my own skin really. I had this issue with them 4 times. But THEY lost it this time. I hope that I have enough evidence to prove that it is their fault. Heck I would even make payment arrangements just to shut them up.

 

[Banned_Princess]

Well, you might have enough to prove it, the return receipt is basically the same as them giving you a receipt in person, I would argue.

the bank statement is just gravy for that steak.

 

[juber0]

The problem is, this goes on my credit report. I don't want to have to give a reason to every landlord...

 

[Banned_Princess]

I would even go as far as to say, if the bank account actually says USPS and the exact amount is the exact amount for the rent, you gave them cash and you don't have to pay it twice.

I wouldn't pay it twice, but it is a personal decision really. I am can be kinda antagonistic and confrontational at times, so, I would have no problem bringing it right to a judge. And if they want to evict me then fine, you don't need that stress anyway.

Again, thats just me.

Can it go on a credit report before a judgment? well if you don't want that, sue them to take it off because you paid it. By the time you see a judge, you will have paid your rent again, and that shows you don't "not" pay rent.

Plus you must have prior months too. Right? right.

 

[juber0]

Just one month of rent left.

Other things that I owe for are correct

$35.00 Lockout
$35.00 Late fee (FOR THIS ISSUE)
$80.00 Wall Repair Fee (Totally my fault, couch went through the wall)

I think its ironic they are sending this notice one month before I move out. After the 60 day notice they sent the following reply

"AIY Thanks you for making our property your home. We understand you will be leaving by 11/30/2009

PLEASE NOTE: There is a balance on your rental account in the amount of $551.00 as of 10/5/2009. Please call the office at 216-xxx-xxx3 extension 3 to resolve this balance prior to your move-out.

 

[Banned_Princess]

Just one month of rent left.

Other things that I owe for are correct

$35.00 Lockout
$35.00 Late fee (FOR THIS ISSUE)
$80.00 Wall Repair Fee (Totally my fault, couch went through the wall)

I think its ironic they are sending this notice one month before I move out. After the 60 day notice they sent the following reply

"AIY Thanks you for making our property your home. We understand you will be leaving by 11/30/2009

PLEASE NOTE: There is a balance on your rental account in the amount of $551.00 as of 10/5/2009. Please call the office at 216-xxx-xxx3 extension 3 to resolve this balance prior to your move-out.

Ok, so
1. you already are moving and have a new place? So why are you worried about your immediate credit rate for? and if you take it all the way to a judge - if it goes that far, they cant report rent missing that a judge decides you paid. you need to have some conviction man!

2. Didn't you give them a deposit that equaled the amount of rent you pay? that should more then cover the damages to the apartment you are not in dispute with. -Was the payment you sent at this time, on time? then thats out of the non- disputed column, and added to the money you are disputing.

3. Are they claiming the envelope was empty? was it empty?


2. Why wont you call the number and dispute the missing rent money?



I really don't see why you would give in so easy, if you paid it, and they lost it, why would you pay it again?

You know the answers, and I really don't need them,,, I would dispute it all the way up the ladder, Obviously no one disagrees with me or they would have said so.....What more convincing do you need?

Decide for yourself, and that is my last cents.

 

[Searchertwin]

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

I paid my rent on March 5, 2009. I have the certified mail receipt, returned mail (with their signature) and bank statement showing that it was withdrawn on that day from the UPS.

My only problem is that I cannot file a claim because I lost my USPS original Receipt. I am not sure if they can reprint that receipt so I can claim it as being lost.

My problem is that I definatley have the necessary evidence to prove payment (they lost it from their own negliegence). But what should I do?! I don't wish to go to court because of this and I definatley cant afford any payments.

This can go both ways. One could argue that yes, you did send SOMETHING by UPS, but LOST original receipt, and YES they did sign for SOMETHING, but who withdrew from the bank? Example: You could have sent just a letter through UPS to them for them to sign, and you could have withdrew the amount from your own bank. or you could have done what you did.
In my opinion, if you don't have the check or money order receipt or orginial of UPS receipt, you are out of luck. Good experience to keep hold of every receipt.

 

[Banned_Princess]

This can go both ways. One could argue that yes, you did send SOMETHING by UPS, but LOST original receipt, and YES they did sign for SOMETHING, but who withdrew from the bank? Example: You could have sent just a letter through UPS to them for them to sign, and you could have withdrew the amount from your own bank. or you could have done what you did.
In my opinion, if you don't have the check or money order receipt or original of UPS receipt, you are out of luck. Good experience to keep hold of every receipt.

Exactly true too.

Thats why it is important to know what they are claiming was in the envelope he sent.

Can they prove it was just a letter or anything else? is it their position that it was empty...

OP is being hesitant, maybe he really didn't send it. In which case then OP, pay it again.

 

[juber0]

What the hell is this OP thing I am hearing every where...

It shows on my bank statement that a transaction in the amount of $491.00 was made from the post office on the same date that I sent this certified.

I am not 100% sure, but the UPS isn't a bank and nothing there is THAT expensive that coincidentally is the SAME amount as my rent plus certified mail.

On the certified mail I wrote

"AIY Properties
P.o. Box XXXXXX
XXXXXXXXX Ohio
44XXX
RENT"

I know that they can argue that it never said rent, but it did.

PLUS

On the certified mail it states

Postage : 0.42
Certify Fee : 2.70
Return Reciept : 2.20
Total postage and fees $5.32


$485.00
+ 5.32
-----------
$490.32

Any resonable person could see that 490.32-5.32=485.00

 

[juber0]

Also, I am still looking for the new apartment >:/.

 

[Banned_Princess]

What the hell is this OP thing I am hearing every where...

Sorry, OP means Original poster... you.

I agree with you dude. No argument here.


I'm sure any LL you are trying to get a place with will get theres a un settled dispute with another company -IF- it even gets to your report in what- 40 days?


Good luck on the apartment hunt.