It's common sense that everyone must pay security deposit and first months rent in full before moving in. That's what I did. But my landlord is saying she has no record of me paying the security deposit. She even gave me a 3 day notice of eviction! It was a money order and I have the proof from my bank that they cashed it 8 days after my move in! It was their complex stamp signature and at their Wells Fargo bank! WTF!? It's been a week and I got a letter in the mail saying a unlawful detainer is filed against me!! What do I do!? I am so not going to be kicked out for their stupidity! I have a the proof and receipt that they cashed my money order! They even said that I should give them 400 dollars and they'll drop the charges!! WTF!? What do I do?!
Real Estate Attorney
The first thing you should do is close your eyes and breathe deeply for about ten seconds.
Now, make a copy of the money order, along with its endorsement, and send it to your landlord, along with a letter saying that, if she does not dismiss the action, you will sue her for malicious prosecution. If you do not get a favorable response, you must then file an answer denying the allegation and go to trial.
Your lease probably provides for attorney's fees to the prevailing party.
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