Legal Question in Landlord & Tenant Law in Pennsylvania

My son signed a one year lease in a college town with a roommate. 8 months into the year, the landlord wanted back rent for the latest three months. We helped our son out and paid the three months.

A month later, the landlord tried to collect the same amount. I had to produce cancelled checks to prove that those months were already paid. A few weeks later, he tried to collect that amount AGAIN. Once again, I produced the cancelled checks.

After my son moved out at the end of his lease, the landlord is now claiming my son never paid the first five months of his rent. Since the landlord was remiss in producing the proper bookwork the last few times he tried to collect, how can I be sure that he is not trying to collect (again) for the same amount?

When I asked him how most of his student tenants paid him, he told me 'cash' and he doesn't give them a reciept. My son told me he paid (in cash) all of the months in question.

Aren't landlords required to keep payment documentation? He's threatening legal action to collect a debt that he can't prove. What are my son's rights?


Asked on 6/28/10, 9:38 am

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

OK, as a lawyer some of my clients pay in cash. When they do or even if they pay by check I ALWAYS give them a signed receipt. Why? Because I want them in the habit of getting them. So if the person I'm giving cash to won't give me a receipt then I bring my own. Just a small document that acknowledges the he got the money.

Never pay any bill in cash without getting a receipt or getting a signed acknowledgement.

Well for taxes purposes he might be hiding income. The IRS and the PA Dept. of Revenue take a dim view of that. They also give rewards to people turning in tax cheats.

Now he let you kid stay and didn't try to enforce the payment portion of the lease and only now is coming for the back rent. Well the DJ was born at night just not last night. So I doubt the DJ will believe the landlord especially if your son can produce any one who saw him pay the land lord.

{John}

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Answered on 6/28/10, 12:52 pm


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