Why are you providing past receipts to this tenant. She is bleeding you and prolonging the eviction.
It is not your responsibility to provide past receipts of her paying rent. It is her responsibility to prove she paid rent.
According to your statement you have issued a notice to pay or quit. The next step is to start the eviction process.
She will show up in court and tell the judge you have not provided her with all the rent receipts. I know what the judge will say.
Once the eviction is complete, you would need to take action to get your back rent and and damage funds not covered by the deposit.
#1. Sue your former tenant in small claims court. You will get a judgment, however, you would have to collect the judgment. A whole new ball game.
#2. Deduct the rent, and damage cost from your federal income tax
I hope this has been of some benefit to you, good luck.
"FIGHT ON"
If she refused a receipt when she paid that's on her. You are not required to dig through anything for a copy of any receipts. All you have to provide is some sort of accounting of what she has and has not paid and yes a spreadsheet should work fine. If you use quickbooks or some other accounting program for your rents you can print a report directly from that.
Tenants will always try to say you are wrong or screwed up in some way when faced with eviction. They never think they did anything wrong.
Not clear what purpose it would serve the tenant's case to obtain, let alone DEMAND, "copies of receipts" for past months. In theory, you can start the eviction process any time they have been overly late, but having receipts showing a litany of "late" payments would help YOUR case more than that of the tenant.
Also, as mentioned, in each case where the tenant "declined" to accept a receipt for payment, she has effectively "waived" any right to obtain YOUR copy of the document in the future. You would simply keep your own records of when each payment was made, and the amount. She can, in theory, ask for that documentation as part of the "discovery process" when you sue her or she sues you.
You probably do not legally have to show it to anyone prior to that. Your state laws may vary.
IF you furnished a receipt for each rent payment it is the tenants responsibility to retain them to show prove of payment. When giving receipts it is not necessary for you to keep a copy as you're receipt is acknowledging payment was received.
If she refused the receipts, then its on her. but if she sues you, you will need to prove that. I would hang on to them in case she sues. I wouldn't feel obligated to give her past receipts now. Surely you have records of what she paid and when. I think that is all you are required to have as proof. I keep all my records in Quickbooks so it is only a matter of printing out a report. I would send her a return receipt letter and say that receipts were offered to her at the time she paid and that she refused them. She is responsible for keeping her records. I would put in the letter what she owes in late fees and past rent. I would also state that any monies received from her would first be applied to what she owes you in the past and then applied to rent due. If that makes her rent late, then more late fees will be applied. OH and add that it will not matter what is written on her check, past due amounts will be paid first. Good luck.
A little late to ask, but you should have just mailed the receipts so you wouldn't have to deal with this. I'm assuming you have a written record of what they've paid so just write some receipts based on that.
A landlord can NOT evict a tenant without going through the legal process, have a judge sign the eviction paperwork and a sheriff serve the eviction paperwork to the tenant.
Rent receipt has nothing to do with them getting evicted. You can give them duplicates but I dont know what purpose that serves. You dont have to give receipts.
simple contract...money for a place to live...they live ther and you cash a check....that's how it works.......so, they are late with rent...same thing..money for a place to live..they pay you cannot evict....they late and try to pay you can't evict...you need to file the eviction before they pay....don't accept rent..once in court judge, , the rule is they pay rent and court costs theycan stay...do that a couple of times, costing then 700 each time to stay, they start paying on time..
My tenants are late on rent payment and I have given a pay or quit eviction notice. They are demanding receipts for every payment they have made. I do have SOME of the receipts saved up in a pile along with my own copies, she insisted on not having any receipts. The thing is now that we probably going to evict her I need advice on what I should do with the receipts since she declined to accept them when I made them.
any advice would be appreciated
Thank you chris. I'll make a spreadsheet and send it to her.
