Back in the late 1990's I purchased a lot of "C" grade properties with tenants that were not bank savvy. They wanted to pay their rents in person, money order, personal check or cash. Anytime I picked up rent from any tenant, I issued them a receipt, purchased with 3 copies in a booklet form.
Then one day I found myself in court for an eviction and the "Housing Department" was there on the behalf of my tenant. My tenant claimed that I discriminated against her because of her race. I was in deep trouble. My tenant with her Free Legal Aid Attorney said that I prematurely evicted her because:
She always paid her rent around the 10th of the month, sometimes as late as the 14th without threating her with an eviction. That I wanted her unit to rent to someone else who wasn't of her color!
Then the judge asked me if this was true. I stated no in fact that was NOT TRUE. This tenant always paid her rent around the 1st of the month, mostly by the 2nd or third. That after the 5th of the month, I would stop by and asked why the rent was not paid and gave an extension for a few days. If the rent was not paid after the 10th of the month, I would issue a 3 Day Notice to Pay Rent or Quit! In this case after the 15th the tenant refused to answer her door or pick up her phone.
Judge then summarized things. Tenant says she could pay up to the 14th of the month and the owner says she would pay her rent closer to the 1st of the month. Any Proof?
I stated yes. I have all of the rental receipts issued. Tenant then stated I made them all up and they were fake. We are talking about a briefcase full of rental receipts rubber banded open to this tenants receipts. 84 months worth of receipt books for this building. Around 28 books. Each receipt I wrote down the payment check number -- always a money order.
Judge says I need more proof. I said, I made copies of every tenants payment checks, I have a copy machine. I then presented copies of each payment check all 84, including the 1st months rent and deposit.
Now the judge turned to the tenant. So you lied about payment dates. Of the 84 checks here, I found only 1 check dated the 14th, 2 dated the 9th and all others dated between the 28th to 4th of the month. So you paid your rent mostly before the 5th, which was the grace period in the lease. The landlord did not try to evict you because you match the color of the judges skin, but because you refused to pay last months rent.
I won the case. I told the judge that if the tenant pays last months rent, this month's rent and my legal costs, she could stay. But this offer is only good for 48 hours. Still proceed with the eviction. So the judge added to the case if the tenant pays by cashier's check and it clears, she can have her free legal aid attorneys show up and get the case dismissed, provided the owner, Robert, give them a notarized statement. Some 7 days later the tenant got the money together but it was past the dead line. --47.156.xx.xx