Legal Question in Landlord & Tenant Law in California

Trying to 're-collect on 'rents and deposits already paid

There is a 'temporary apartment manager- of my apartment complex- who happens to be related to the very seriously ill 'landlord - and who has been pulling all tenant files and trying to 'double-collect- rents and deposits - she 'claims are 'missing!

Today i received a note from her in my mailbox - that she did not have receipts for deposit installments i paid in early 2005!!!!!! Is this 'legal?!''


Asked on 8/20/07, 9:47 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: Trying to 're-collect on 'rents and deposits already paid

Her asking you for proof is clearly legal, the question you intend I think is can she evict you if you have no proof. First she must have authority to act on behave of the owner of the building. If she has that, she has the burden of proof as to any eviction. If it is your testimony you are sure you paid and her testimony she has no idea if you did, she loses.

But instead of fighting with her, see if you can find your check register and offer, at her expense, to have the bank send copies, front and back, to her of those cashed checks. Never fight legal battles unless you must, because no party is ever happy as to the final, complete outcome [you may win, but then you have to pay your attorney's bill]!

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Answered on 8/20/07, 11:37 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: Trying to 're-collect on 'rents and deposits already paid

I agree with Mr. Shers.

Find the proof. Banks will have copies of 2005 paid checks.

This is certainly legal.

Try to prove it before you end up with a law suit, attorney bills, and bad credit reports.

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Answered on 8/21/07, 12:48 am


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