The Best Defense is a Good Offense

 A tenant was served a Notice to Pay Rent or to Quit for non-payment of rent “plus late fees.” While the Notice was defective because it included “late fees,” the Landlord could have separately served a “Notice to Cure or to Quit” for violation of a lease clause that related to late fees. If the issue of non-payment of rent + late fees escalated to an unlawful detainer proceeding (e.g., an eviction), the tenants attorney could challenge the Notice to Pay Rent or to Quit as being defective.

Moreover, how much “rent” and late fees were included in the Notice was not disclosed; only a total dollar figure owed was stated. A Notice to Pay Rent or to Quit can only be for the most recent 12-months of non-payment of rent -  the time period for which rent was owed was also not recorded. 

 But the question remained – “How much rent and late fees did the Notice include?”

 To answer that question, and to effectively challenge a Notice in court, the tenant should have a record of rent payments even when landlord-tenant relations are good. Sometimes the landlord-tenant relationship can go “south” and a tenant ledger can be helpful. The ledger can be a simple, handwritten record of payments made to the landlord, with the date and check number recorded. If rent payments are made by mail, then it is also a good idea to send rent payments with delivery tracking and to keep a copy of the postal receipt and the delivery tracking number.[1] If payments are made electronically, then bank statements will record when and how much each rent payment was deducted from the tenant’s bank account. In addition to the ledger, a copy of the voided check or the bank statement for electronic payments should be kept with the ledger. If things do go awry or if there are questions about a “short rent” payment, the tenant can produce the evidence to their attorney.

Landlords or their property managers usually also keep a ledger for each tenant of any payments made or incurred such as rent, late fees, utilities, rent registration city fees, etc. And this ledger may be submitted as evidence in a court proceeding along with the lease agreement and the Notice.

Tenants should also keep the original or a scanned copy of any and all Notices and letters received by the landlord or their property manager as well as all emails and texts. All written communications can be considered evidence for or against the tenant in a court proceeding whether the proceeding relates to issues with rent or security deposits or any other issue that may be hammered out in court.

 Sample Rent Ledger 

Date	Check No.	Rent Owed	Late Fees	Rent Paid	Balance
5/1/22	403	$1555.00	$0	$1555.00	$0.0
6/1/22	410	$1555.00	$0	$1555.00	$0.0
7/1/22	450	$1555.00	$55.00	$1000.00	$610.00

 [1] https://www.jdsupra.com/legalnews/when-the-check-is-in-the-mail-31240/