Is This Fraud Or What?

[mijutrima]

I have been renting at this new construction house for 21 months.They are very strick with rent payments,no problem. I have always paid my rent in full no later than the fifth of each month,however I received an eviction notice for non-payment of rent for April 2007. I called the manager on the phone and asked why am i being evicted. I was told for non-payment of rent in May.If that was so why dis the eviction notice dated for April? the manager told me to find my money order and call them back.Unfortunatly I did,nt recover the money order. the next thing I did was to go to the store I purchased it from to get a copy and to trace it.Luckily for me they had the information I needed to trace the money order because they still had a copy of it on file.but now i can't get in touch with them(the Management company)and I still have to appear in court.My problem is what if it's not traced back in time before my court date,to prove I did pay and why are their dates messed up on the eviction notice and why did,nt i recieve a seven day notice first.can anyone out there give me some advice on how to approach this situation?

 

[Michael Wechsler]

It is usually very difficult to evict a tenant based upon the non-payment for such a short period of time. Did you get a notice of non-payment? Many states require them (e.g. a three day notice demanding payment of rent) just to deal with situations like this. Mistakes happen and a person should not be so easily tossed from their home when it can be remedied easily. Have you already been served with a summons? Your best bet is to make a copy of your payment and send a letter, certified return receipt, stating the essential facts regarding the above. It would not be advisable for the landlord to proceed since the landlord will likely be out attorneys fees in pressing such a case. Best of luck and let us know how it turns out for you.

 

[mijutrima]

Basically I have received information that the money order has been cashed on the tenth of May, but I am still waiting on the results to where and who cashed it (knowingly I gave it to them). So thank you for your input and I will keep you updated.