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Can I hold my landlord liable

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LdiJ

Senior Member
Another update:

I am SO GLAD that I went to the court like I planned. I looked at the docket online and it didn't show withdrawn so I headed to the courthouse.

The apartment complex had 2 lawyers there (not sure why - think that is normal?) When it came to my turn for a hearing, I presented all the evidence to the judge. Needless to say he was super pissed. He instructed the lawyers to head out into the hallway and "think exactly how you want to proceed when you come back into my courtroom"

Come to find out, the lawyers were just as blindsided as the judge. 1) the property manager never told them about the video 2) the property management company never gave them the copy of my money order stub and 3) they did not even know the property management company sent me the letter telling me not to come and offering me money off

We came back in from the hallway and the lawyers told the judge they did not want to proceed and so the judge dismissed the case. I spoke with the complex lawyers afterwards and they couldn't tell me for sure what would happen - but they did say they would not bring this particular case back to court for the LL. They couldn't guarantee another firm wouldn't, but they stated they will recommend the LL work with me to recover the lost money order/issue a new one, honor my 50 dollars off, and tread lightly going forward on all their cases.

At this point, I am about to head over to the apartment complex and see how they want to handle the money order situation as it still has not been cashed.


I suspect that the letter that you received from the landlord was received because they FOUND the money order. I suspect that you will not have to do anything to get it replaced. However, do come back and tell us what happened.
 


JakobOhio

Junior Member
I suspect that the letter that you received from the landlord was received because they FOUND the money order. I suspect that you will not have to do anything to get it replaced. However, do come back and tell us what happened.

I wish you were correct! it would make things so much easier, but apparently I live in bizzaro world. I spoke to the property manager and she said she thinks that letter came from an employee they just fired and that the employee stole mine (along with a few other apartments) rent and that I would need to report it stolen and file a police report.

I then asked her if I could just call western union and get a new money order. She then told me if I do not file a police report, they can technically still consider my rent late and i will owe a late fee. I don't really feel comfortable getting in the middle since I feel that they should be the one filing a police report, but I guess its what I gotta do?
 

LdiJ

Senior Member
I wish you were correct! it would make things so much easier, but apparently I live in bizzaro world. I spoke to the property manager and she said she thinks that letter came from an employee they just fired and that the employee stole mine (along with a few other apartments) rent and that I would need to report it stolen and file a police report.

I then asked her if I could just call western union and get a new money order. She then told me if I do not file a police report, they can technically still consider my rent late and i will owe a late fee. I don't really feel comfortable getting in the middle since I feel that they should be the one filing a police report, but I guess its what I gotta do?

It really doesn't make sense for you to file a police report because you have no direct knowledge that it even was lost, let alone stolen. However, you probably should go ahead and get the police report (explain the whole thing to the police, including the fact that they said you had to get a police report in order to avoid a late fee) just to make them happy.
 

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