Given a summons to court for eviction, because of non payment, but we have proof of payment?
May 7th, 2011 | 
Author: My parents received a summons from the court stating that they are being evicted because of non-payment. However, my parents have the cleared check copies from the bank where it clearly shows that the landlord cashed all of the checks… What can we do? The landlord has hired an attorney should we do the same? Or are my parents okay since they have proof of payment? Thanks in advance!
Posted in Landlord Tenant Law
There should be a hearing before a magistrate judge where the landlord has to prove that rent was not paid. At that hearing, they can show the cancelled check.
Have them speak to an attorney. There should be something like Neighborhood Legal Services in which you can speak to an attorney for free or low cost. If they have proof, it is not a big deal. Whatever you do, do not miss the hearing.
if they have the cashed checks all they need is the copy of their bank statements, etc. Lawyers not necessary but would probably help steer your parents in the right direction. Also, find a new house anyway, cause the landlord sounds like a tool
My jerk of a landlord does the same to me alllllll the time bc he has horrible book keeping skills and a jerk lawyer on his side. If you have proof you take that to the court and they clear everything up. I have missed numerous days of work bc of it. I would say move asap!… that is what I am trying to do.
Good Luck
You having nothing to worry. I would countersue for lost time from work and inconvenience….that should give him/her a lesson on having ficticious nonpayment allegations. And when you havea chance MOVE OUT!
They should bring the check to court and request a trial date. The first apperence is just a hearing. They should bring all receipts they have as the landlord could say they were paying back rent.
No attorney should be needed at this time.
la
Property Manager