Legal Question in Landlord & Tenant Law in Washington

Lost - Unaccounted for Rent Payment

My friend lives in an apt complex and back in 2006 he was notified that his monthly rent payment was short $500.00 - he knew this was not true, he went to the property manager and showed his receipts from the money orders he had paid his rent with. He was told that did not help because they did not write down/make copies of money orders they received. He stopped payment on that money order and paid the $500.00 with another money order in the amount of $500.00. Time has gone by, additional leases signed and now all of a sudden they are saying he never paid the outstanding money. He told them he had and would try to locate the documents. He was unable to find them. On March 5th he paid his March rent, and today he received a 3 day pay or vacate notice as they are now saying his March rent was short $500.00 - he went to the office asked to see what they showed him having paid. They showed the correct amount he pays every month. I then explained to the lady they took part of his March 2008 rent to pay the lost, misplaced $500.00 from 2006. She said she would have to let someone else handle this as she was new to this office. Can they do this? They failed to post this payment correctly two times now.


Asked on 3/09/08, 12:01 am

1 Answer from Attorneys
Amir John Showrai The Pacific Law Firm, PLLC

Re: Lost - Unaccounted for Rent Payment

Your friend's situation points to the problem of record keeping by both landlords and tenants. Your friend should pay with a check and get his checks back from the bank once they are cashed. The checks act as a receipt for the rent paid.

Additionally, each check should say in the memo line what it is for, such as, "March 2008 Rent."

In this case though, you say that your friend signed a different lease than the one under which the landlord claims he still owes rent from 2006. I would say that your friend owes them nothing, given that they signed a new lease, and never brought up the issue of past rents due, at that time.

Also, if he did not pay rent under an old lease, but is current on rent on his current lease, then they cannot use the past due amount on the other lease to serve a 3 day notice to quit or pay rent on him under the terms of his current lease.

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Answered on 3/09/08, 12:35 pm


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