Can a property office claim the right to evict a tenant using a drop box system even while admitting no record system?

Attorney answers (2)

1. Licensed in TX

   

   David Sadegh

   Humble Landlord / Tenant Lawyer

   Contributor Level 11

   Answered July 17, 2012 03:52. If the office has not received your lawn care payments, they may ask that you provide them with some evidence that you made the payments. In order to evict you, they will have to prove that you did not make the payments to the drop box, but the judge may side with the landlord if the judge does not believe that you actually made the payments.

   This answer is offered as a public service for general information only and should not be relied upon as legal advice.

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2. Licensed in TX

   

   Robert Goss

   Houston Landlord / Tenant Lawyer

   Contributor Level 8

   Answered July 21, 2012 11:36. Texas Property Code §92.011 discusses cash rental payments. Essentially this section states that a landlord who receives cash rental payment shall provide the tenant with a written receipt and enter the payment into a ledger.
   
   Since, the landlord is stating a payment has not been made, you were going to have to prove somehow that you did make this payment. That is the difficulty with the situation that you described. To evict you, the landlord is going to file suit, and in the J. P. court, the only issue the judge will Decide is if you made payment.
   
   Stating this in Simple terms, someone is lying. Either the landlord has accepted the money, and not knowing who it was from Did not properly invoice the payment, or knew who The payment was from and decided to pocket the money, or no payment was properly made.
   
   You need to talk to the landlord, and find out if maybe they made a billing error. What type of envelope did you put the money in? Can you show a similar envelope?
   
   If this goes to court, it is definitely going to be your word versus the landlord's word, if you do not have some sort of proof of payment. Your question left a lot of facts out, to properly and completely answer you. I suggest you contact a landlord tenant attorney in your area, or the State Bar of Texas to find out a consumer law attorney who handles landlord tenants In the Round Rock, Texas area. Good luck.

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