I paid my rent in cash as agreed with landlord because the house is in foreclosure, how can I prove I pay my rent on time?

Asked by Jorge Gomez, Queens, NY Sun Jan 12, 2014

I don't have lease or monthly rent receipts. landlord can't provide documentation based on his situation. what I can do?

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13
Javier Menes…, Mortgage Broker Or Lender, Melville, NY
Sun Jan 12, 2014
Jorge, if you're looking to simply have proof that you're paying rent, you must then write a check to your landlord so that you're able to document your payments. If you're looking to prove this so that you're able to buy a house, it gets a bit tricky.

Best case scenario, the lender waives the requirement to document rental payment history. But these days, your loan file has to be very strong (great credit, debt to income ratios, reserves, etc). In most cases, lenders will prefer to get 12 months worth of cancelled rent checks, and if they're not available, lenders can almost always settle for 12 months bank statements to show the monthly rental being withdrawn from your account along with a written verification of rent from your landlord. If none of this is available because you're paying cash with no receipts, your landlord simply refuses to verify or acknowledge it somehow, then like it was mentions below, "it didn't happen".

I will also suggest you consult with an attorney, depending on what your situation is. I believe no landlord can evict you because you decided to write a check to cover the rent as oppose to paying cash. Also, I've met so many people who were in your situation. Renting from a landlord whose house is in foreclosure. You never really know just how much time you have. Definitely cannot be considered a dependable rental if you don't know when the house will be foreclosed and you're asked to leave the property by the new owner, the bank!

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Javier Meneses
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STERLING NATIONAL BANK
310 Crossways Park Drive
Woodbury, NY 11797
jmeneses@snb.com
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(516) 740-4478 Office
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2 votes
Anna M Brocco, Agent, Williston Park, NY
Mon Jan 13, 2014
Is the apartment even legal; your landlord could provide receipts/documentation if he/she wishes, however since he/she refuses consider consulting with an attorney who specializes in real estate, see what options you may have, also consider beginning a search for a new place....
1 vote
Janet Nation,…, Agent, Baldwin, NY
Sun Jan 12, 2014
I hate to say this but really, why would you hand over cash of your landlord without collecting a receipt? You're out of luck as far as I see it. Contacting an attorney is a useless excercise the landlord did not commit a crime but maybe unethical by collecting rent and not making any mortgage payments.

While you are still living in the house I would make sure you get a receipt going forward but it also sounds like you need to look for altermative housing immediately.
1 vote
Ray Yahnke, Agent, New York, NY
Sun Jan 12, 2014
Jorge;

Nick and Javier have given you the best advice, please follow-up on what they have suggested.

Best of luck to you. .

Regards;

Ray Yahnke
Citi Habitats
ryahnke@citihabitats.com
1 vote
Nick Rafello, Agent, New York, NY
Sun Jan 12, 2014
STOP PAYING THE LANDLORD! CALL A REAL ESTATE ATTY OF YOUR RIGHTS. YOU MUST VACATE THE PREMISES THE LANDLORD HAS NO RIGHTS TO COLLECT ANYTHING NOW.
1 vote
Scott Godzyk, Agent, Manchester, NH
Mon Jan 13, 2014
Never pay your rent in cash without a signed receipt. It is for your protection above all else. if you dont want to use a check, get a money order or cashiers check which adds a layer o protection and a record for you.
0 votes
Annette Law…, Agent, Palm Harbor, FL
Mon Jan 13, 2014
Jorge, are you getting a great rate on the rent? Way below market?
Of course you are. That is why you agreed to pay cash!
You know the landlord is putting the cash straight into his pocket while not paying the bank a dime.
That is how you were able to get a BELOW MARKET RENT!
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Proof you paid on time? Are you kidding. Do you think the landlord is going to report this to the credit bureau? YOU have decided to become part of the 'secondary, cash market' where there are no paper trails. In this market place it is survival of the fittest.
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If you have another place to live, the feel free to insist on a receipt, check or use an AMSCOT P.O. for payment.
What you should be doing is SAVING the money you have available because you are paying way below marketm to be prepared to move when you inevitable 'knock on the door' occurs.

Best of success,
Annette Lawrence, Broker/Associate
Remax Realtec Group
Palm Harbor, FL
727.420.4041
http://FirstLookHomes.us
Palm Harbor University High School distirct
http://annettelawrence.mfr.mlxchange.com/?Page=-1
0 votes
I think your answer is purely speculative, He never once mentions paying less for rent nor do you have enough information to state what he should or shouldn't do. Maybe he agreed to pay cash because he felt bad initially for the landlord since he was losing the house. The house could be a two family (very common in the area) and they will both be out soon. There laws in NY are very different then FL and renters have more laws to help them over the landlords.

I am not trying to start an argument but I would try to be more helpful then accusatory when giving advice, and if that was not your intent then I apologize.
Flag Mon Jan 20, 2014
Nick Rafello, Agent, New York, NY
Mon Jan 13, 2014
Your landlord wants cash only because the bank holding the mortgage, that he stopped paying, would go after him. STOP PAYING.
0 votes
Fajardo Dela…, Agent, Flushing, NY
Mon Jan 13, 2014
I work on shortsale and foreclosure if you have questions on would be happy to answer.
Fajardo Delacruz
347 932-0609
0 votes
My NC Homes…, Agent, Chapel Hill, NC
Mon Jan 13, 2014
The landlord can provide documentation, he simply is refusing to do so. Go see a real estate attorney and stop paying your landlord who sounds more like a con artist than a landlord to me.
0 votes
Joseph Hasti…, Agent, Bayside, NY
Mon Jan 13, 2014
There is little that you can do in this situation. First thing is to contact a real estate Attorney to discuss your options (1st consultations are usually free) and yes, stop paying rent. Somehow my feeling is you might have a questionable rental situation. I mean, no lease and cash payments tell me your landlord didn't want anyone (the taxman) to be aware of the income, maybe. Perhaps it's a basement apt in a private house, which is illegal anyway, I don't know and you didn't mention anything. Call an Attorney and good luck.
0 votes
jcampbell, , New York, NY
Sun Jan 12, 2014
No receipt, it didn't happen!
0 votes
Dan Tabit, Agent, Issaquah, WA
Sun Jan 12, 2014
Jorge,
Who are you trying to prove this to? A lender will want some paper trail to validate what you say. If you can show withdrawals from your account at around the time the rent is due and have anything in writing from the landlord confirming receipt, you may satisfy some, but not all. It will really come down to what the person or entity wanting the proof will accept.
0 votes
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