Responsibility For Stolen Rent Payments

[timeteacher]

What is the name of your state?What is the name of your state?Texas

Last month someone broke into the property office and stole several rent payments left in the overnight drop right at the first of the month when rent was due. Being they are not the nicest property they left eviction notices on people's doors rather than call tenents the next day. We've been here three years, never paid late so that really put a thorn in things when they acted like it was the fault of residents and our loss when I called and told them we'd paid and ask why the eviction notice. They then told me about the break-in and said several payments were stolen. A lot of people pay with money orders, we did last month, and the money order company we used (western union) told us we'd have to mail a claim, and if the money order was not cashed by the time the claim was processed we'd get reimbursed in 4-6 weeks. The manager at the apts. said she'd wait four weeks, but if our money orders were somehow cashed by the theives, we'd still be liable even if we didn't get reimbursed. Now it seems to me if the night drop is an accepted form of paying rent, once placed in it it's the property's loss, not ours. We gave them a copy of the M.O. receipt, as did others, and they said they would file everyone's payment as stolen with police, making me assume they have insurance to cover such a theft from the office and would file a claim accordingly. However, even if they did, they sent notices out today telling people we still owed for last month. I don't know if we'll get reimbursed or not, but if not we can't absorb the loss by paying twice, and it seems to me once we put it in the night drop that night, it became their responsibility if stolen from the office. Any legal experience with such a matter?

 

[south]

Ahhhh the old I am short of money Ill bust the mail box and say my rent was in it routine....Yawn... Oldest one in the book...

If you paid with a money order you must have the carbon copy go to the place you got the money order check from and report it stolen...

I have had the same routine pulled on me as well it will not get you to far its an old trick...

What is the name of your state?What is the name of your state?Texas

Last month someone broke into the property office and stole several rent payments left in the overnight drop right at the first of the month when rent was due. Being they are not the nicest property they left eviction notices on people's doors rather than call tenents the next day. We've been here three years, never paid late so that really put a thorn in things when they acted like it was the fault of residents and our loss when I called and told them we'd paid and ask why the eviction notice. They then told me about the break-in and said several payments were stolen. A lot of people pay with money orders, we did last month, and the money order company we used (western union) told us we'd have to mail a claim, and if the money order was not cashed by the time the claim was processed we'd get reimbursed in 4-6 weeks. The manager at the apts. said she'd wait four weeks, but if our money orders were somehow cashed by the theives, we'd still be liable even if we didn't get reimbursed. Now it seems to me if the night drop is an accepted form of paying rent, once placed in it it's the property's loss, not ours. We gave them a copy of the M.O. receipt, as did others, and they said they would file everyone's payment as stolen with police, making me assume they have insurance to cover such a theft from the office and would file a claim accordingly. However, even if they did, they sent notices out today telling people we still owed for last month. I don't know if we'll get reimbursed or not, but if not we can't absorb the loss by paying twice, and it seems to me once we put it in the night drop that night, it became their responsibility if stolen from the office. Any legal experience with such a matter?

 

[safeber]

Several important points here:

Congrats to you for keeping MO receipt.
There are many people with same complaint.
Police report was filed.
Tenants are not responsible to babysit rent payments after transfering to an acceptable "rent drop box", the lease may even indicate acceptable methods and locations of paying rent.
This was a crime, ask them what insurance company they pay premiums to, then call this company as a concerned tenant to see if they even know who your LL is.

Looks like extremely poor tenant relations at this property. The manager may just be looking to float your double payment to fill in the gap of time until insurance covers the loss, if any.
Some money orders can be tracked such as those from Western Union.

I wouldn't loose one bit of sleep over this. In fact I would politely send a letter to the manager asking what he/she intends to do to win back your confidence as a tenant. Let us know just how blank of a stare you get in return.

 

[south]

Double payment????

You really think the landlord would like the stolen trail to lead to his bank account??

M.O's run right up there with saying you put cash in the box...Yawn

You want to use an M.O then you understand the risk in this case you need to file a claim that is if you really bought an M.O

Let me crack this case wide open, the person who bust the box open was the tenant that did not want or could not pay his rent...There that narrows it down for you...

If you put an M.O in there for real no one is going to cash it..So make your claim

Several important points here:

Congrats to you for keeping MO receipt.
There are many people with same complaint.
Police report was filed.
Tenants are not responsible to babysit rent payments after transfering to an acceptable "rent drop box", the lease may even indicate acceptable methods and locations of paying rent.
This was a crime, ask them what insurance company they pay premiums to, then call this company as a concerned tenant to see if they even know who your LL is.

Looks like extremely poor tenant relations at this property. The manager may just be looking to float your double payment to fill in the gap of time until insurance covers the loss, if any.
Some money orders can be tracked such as those from Western Union.

I wouldn't loose one bit of sleep over this. In fact I would politely send a letter to the manager asking what he/she intends to do to win back your confidence as a tenant. Let us know just how blank of a stare you get in return.

 

[safeber]

Sleazy tenants or slum lord, makes no difference.

If we follow the SL path you wait till night falls rip down the drop box and "distribute" some of the goodies, keep the rest and wait for someone else to report the crime. When approached down the road as to why there are some reported stolen MOs in your account you simply say "clerical error", apologize to those few tenants and give them a credit....instant float.

Since MOs, much less any other form of tenant payments, are not time stamped just what can be done? With no security camera there is no visual evidence nor any proof to refute the LL's story of when they acutally took possession of any MOs. Just remember to keep your finger prints off the distributed goods. And good luck tracing those MOs because they probably went into an account set up well ahead of time under false identity and cleared out/transfered even faster. Doesn't hurt to have a connection inside the bank either. I've seen similar money disappear in banks due to "honest" mistakes by employees. Of course there is always the pesky FBI to deal with under FDIC guidlines.

Enough "007" yet??? What was that line Eddie Murphy had in Beverly Hills Cop? Something about "I wasn't always a cop......"

Under the sleazy tenant tricks....that has already been covered.

 

[Who's Liable?]

And of course a MO stub is NOT proof you paid rent... It is proof you bought a MO... See below...


You are out the amount of the MO and must pay the LL the rent amount. Unless the LL GAVE you a receipt stating the amount, the rental period it was for(NOV. 05 rent) AND signed the receipt, you are out of luck...

If you had the receipt, you could wave it in the LL's face and tell them that they are out of luck since they acknowledged the rent payment by giving you a receipt...

Always always always always get a receipt...

 

[south]

I concur....

It is also a lot more likely a tenant has not really paid than a landlord breaking his own mailbox of the wall and banking a check which can only lead back to him leaving him with a broken mailbox to replace..

The tenant if he really bought an M.O should have no problem claiming the loss, but I think we all know the real story which is one of the tenants could not pay his rent so he ripped the box up and then stated his M.O was in there, the M.O if any will never be cashed I gaurantee it ...

And of course a MO stub is NOT proof you paid rent... It is proof you bought a MO... See below...


You are out the amount of the MO and must pay the LL the rent amount. Unless the LL GAVE you a receipt stating the amount, the rental period it was for(NOV. 05 rent) AND signed the receipt, you are out of luck...

If you had the receipt, you could wave it in the LL's face and tell them that they are out of luck since they acknowledged the rent payment by giving you a receipt...

Always always always always get a receipt...