Mistakenly said last month rent was paid - Landlord Forum thread 307484

Mistakenly said last month rent was paid by Anonymous on November 7, 2013 @15:04

In the middle of the last month of the lease term I mistakenly sent a notice (via email) to the tenant stating that the last month's rent was paid (I usually collect 1st, last & security deposit), but it was in fact not. After realizing my mistake a short while later I sent another message to the tenant stating I had made a mistake, the last month's rent was not paid, and it is due. The tenant replied that because of that notice rent was not due and refused to pay.

Yes, this was a terrible mistake on my part. The tenant damaged the rental property, left piles of garbage in and outside of the house, and left the house in such a filthy state that not even a cleaning agency would accept as a job- and that's their job!!! The tenant is now fighting the itemized costs deducted from the deposit amount to repair the damage created during tenancy and the cost to clean the property up, and has said "let's go to court so I can take more of your money". The lease agreement clearly stated the tenant was to leave the property in the same condition as acquired - and it was left in the opposite condition.

My question is whether or not I can take the former tenant to court to recoup the last month's rent? As well as the remaining monies due to fix the damage and clean? Or just for the remaining amount due for cleanup and damage repair?

Thanks a bunch!

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Re: Mistakenly said last month rent was paid by OK-LL on November 7, 2013 @15:35	[ Reply ]

Yes, you can take the tenant to court for the rent and the damages. The argument is that you were informing him that you had is LMR on hand, but it was a mistake (yes, mistake is a legal defense) and nowhere in the notification did you state that the LMR was waived or otherwise not due, just that you (mistakenly) believed you had LMR funds in hand. Tenant will not be allowed to be unjustly enriched (month of occupancy without paying rent) by your mistake.

Re: Mistakenly said last month rent was paid

Re: Mistakenly said last month rent was paid by Katiekate (New York) on November 7, 2013 @15:35	[ Reply ]

Of course you can take them to court Anyone can make a mistake like that. My question is....did you let the stay the entire month without paying? It took you that long to realize you got it wrong? There maybe some issue with this before a judge. If you let the stay without a pay or quit notice...a judge may take that to mean you were satisfied with the payments as they stood. And...maybe that was even true during the last month?

Re: Mistakenly said last month rent was paid

Re: Mistakenly said last month rent was paid by Joseph on November 10, 2013 @10:47	[ Reply ]

Take them to court. You will win as long as you have receipts showing what was repaired and can justify the costs deducted from the deposit. You can also deduct the unpaid rent from the deposit if there is enough to cover it, or add it to the expenses on the itemized list. You will most likely win if your paperwork is in order. I don't know why tenants think that they can win by going to court. Keep your paperwork straight with receipts for repairs, pictures and documentation and the courts will find in your favor. The problem is they don't enforce the collection of the judgement.! So getting the money will be your real problem after you win in court.