If you can find proof that you paid July`s rent (cancelled check or money order receipt), you should provide copies to your landlord, along with a letter explaining your position. If your landlord remains convinced that you did not pay July`s rent, he may be able to sue you to collect the money but cannot seek to evict you because of nonpayment. Your landlord`s acceptance of rent in August, September and October prevents your landlord from seeking to evict you for a failure to pay July rent. Your landlord can sue you in magistrate court to collect the amount of July`s rent but he cannot sue to make you move through the dispossessory process.
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified landlord tenant lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.