Can I be evicted for non-payment if I have provided valid proof of payment?

Business 2 views 3 answers
Even though I have provided my property manager with my bank statement as proof that my electronic payment for my July rent did clear my bank, he still claims it was not received and that it is past due. Because they claim it is past due, they cannot accept August's rent without it including said July payment. They are harassing me and threatening eviction. I cannot believe this is legal. What are my rights and what should I do?

Attorney Answers

3
Carol Zimmerly ·
If you are certain that you have paid them, make one more attempt to pay them. Mail them a cashier's check in certified mail return receipt requested. If they return it to you, keep all documentation. If and when you are sued in an eviction action, you can file an Answer in the court with an explanation of everything. Ask the clerk of courts for a hearing at that point (when you turn in your Answer) and bring copies of everything to the hearing. Show the bank statement to the judge and the fact that you still tried to mail them your payment. Good luck. It sounds as though this is headed to court and maybe that will be the best thing for everyone. Until then, try to remain civil to management. Let us know how this works out. Please give me an up vote if this was helpful. Thank you.
0 upvotes
Gini S. MarzianiLitigation LawyerChicago, IL ·
Dear Tenant: Illinois is not a self help state so that the only way to evict you is through legal process. Double check with your bank to make sure that the payment for July was in fact made. Continue to pay your rent for August but this time with a cashier's check or money order. Keep copies of all bank statements and ask for a receipt when you drop off August's rent. Good luck hope this helps.
0 upvotes
Gini S. MarzianiLitigation LawyerChicago, IL ·
Dear Tenant: You need to be able to document that you offered the full amount of August rent to the Landlord and it was refused. Then if you are served with a termination or eviction notice you can provide the evidence to the Judge. It may be time to get a lawyer involved although I would like to think that you could get your property manager to accept your bank's documentation and research where the payment went. Hope this is more help. good luck
0 upvotes

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